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GODDARD v. FARMERS INS. CO. OF OREGON

9005-03204; A118750.

120 P.3d 1260 (2005)

202 Or. App. 79

Margie A. GODDARD, as Personal Representative for the Estate of Marc E. Goddard, Deceased, Respondent-Cross-Appellant, v. FARMERS INSURANCE COMPANY OF OREGON, an Oregon corporation, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided October 12, 2005.

Attorney(s) appearing for the Case

James N. Westwood, Portland, argued the cause for appellant-cross-respondent. With him on the briefs were Stoel Rives, LLP, and Thomas H. Tongue and Dunn Carney Allen Higgins & Tongue LLP, Portland.

Jeffrey M. Batchelor, Portland, argued the cause for respondent-cross-appellant. With him on the briefs were Jennifer H. Holcomb, David W. Melville, Markowitz, Herbold, Glade & Mehlhaf, PC, Portland, and William A. Barton, Kevin K. Strever, and Barton & Strever, P.C., Newport.

Before HASELTON, Presiding Judge, and ORTEGA, Judge, and DEITS, Judge pro tempore.

HASELTON, P.J.

This appeal is the latest chapter in remarkably protracted litigation that began with an auto accident in 1987, in which plaintiff's decedent, Marc Goddard, died following a collision with a pickup truck driven by a drunk driver, John Munson.1 Munson was driving a vehicle insured by defendant Farmers Insurance Company of Oregon. In this case, a jury awarded plaintiff, as assignee of Munson's bad faith claim against defendant...

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