MID-CENTURY INS. COMPANY v. PERKINS

04-1834-E7; A127522.

149 P.3d 265 (2006)

209 Or. App. 613

MID-CENTURY INSURANCE COMPANY, Appellant, v. Elijah PERKINS, Respondent.

Court of Appeals of Oregon.

Decided December 13, 2006.


Attorney(s) appearing for the Case

Thomas M. Christ, Portland, argued the cause for appellant. With him on the briefs were Thomas W. Brown, Portland, and Cosgrave Vergeer Kester LLP.

Dennis Black, Medford, argued the cause for respondent. On the briefs were Thomas N. Petersen, Medford, and Black, Chapman, Webber, Stevens, Petersen & Lundblade.

Before EDMONDS, Presiding Judge, and ARMSTRONG and WOLLHEIM, Judges.


EDMONDS, P.J.

Plaintiff Mid-Century Insurance Company (Mid-Century) appeals after the trial court granted summary judgment to defendant Elijah Perkins in a declaratory judgment action concerning Perkins's entitlement to underinsured motorist benefits under his automobile insurance policy with Mid-Century. ORCP 47 C. The issue before us is whether Perkins was injured by an "underinsured" vehicle as defined under Oregon law...

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