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COUNTRY CAS. INS. CO. v. VILLA-CHAVEZ

060603L2; A135334.

208 P.3d 1036 (2009)

228 Or. App. 677

COUNTRY CASUALTY INSURANCE COMPANY, Plaintiff-Respondent, v. Abelino VILLA-CHAVEZ and Eliseo Gutierrez, Defendants-Appellants, and Jane and/or John Doe as Guardian ad Litem for Ediberto Perez, a minor; and Jane and/or John Doe as Guardian ad Litem for Humberto Osrio, a minor, Defendants.

Court of Appeals of Oregon.

Decided May 27, 2009.

Attorney(s) appearing for the Case

Maureen Leonard argued the cause for appellant Abelino Villa-Chavez. With her on the briefs were Aaron Brian, Michael Brian, Bedford and Brian Law Firm LLP.

Benjamin M. Bloom, Medford, filed the briefs for appellant Eliseo Gutierrez.

Edward H. Talmadge, Medford, argued the cause for respondent. With him on the brief were Bernard S. Moore and Frohnmayer, Deatherage, Jamieson, Moore, Armosino & McGovern, P.C.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

SCHUMAN, J.

Defendants—Villa-Chavez and three passengers in a car he was driving—were injured in an automobile accident that was caused by an underinsured motorist.1 After a dispute arose between Villa-Chavez and Country Casualty Insurance Company (Country), Villa-Chavez's underinsured motorist (UIM) carrier, Villa-Chavez brought an action—not this one—against Country...

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