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MID-CENTURY INS. CO. v. PERKINS

(CC 04-1834-E7; CA A127522; SC S054652; CC 0504-03584; CA A130265; SC S054660).

195 P.3d 59 (2008)

345 Or. 373

MID-CENTURY INSURANCE COMPANY, Respondent on Review, v. Elijah PERKINS, Petitioner on Review. Dennis W. Phillips, Petitioner on Review, v. Safeco Insurance Company of Oregon, Respondent on Review.

Supreme Court of Oregon, En Banc.

October 16, 2008.

Attorney(s) appearing for the Case

Meagan A. Flynn, Preston Bunnell & Flynn, LLP, Portland, filed the petition for petitioner on review Perkins.

Thomas M. Christ, of Cosgrave Vergeer Kester LLP, Portland, filed the brief for respondent on review Mid-Century Insurance Company.

No appearance on behalf of petitioner on review Phillips or respondent on review Safeco Insurance Company of Oregon.

Kathryn H. Clarke, Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

No appearance on behalf of amicus curiae Allstate Ins. Co., State Farm Mutual Auto Ins. Co., Country Mutual Ins. Co., American Family Ins. Co., and The Property Casualty Insurers Association of America.

DURHAM, J.

Petitioner on review Perkins in this underinsured motorist insurance case seeks reconsideration of this court's decision.1 Mid-Century Ins. Co. v. Perkins, 344 Or. 196, 179 P.3d 633 (2008). Petitioner, however, does not challenge the court's ultimate conclusion or resolution of the issue presented by this case. Instead, petitioner requests only that this...

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