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SMITH v. TRUCK INSURANCE EXCHANGE, INC.

09C13784; A142954.

255 P.3d 615 (2011)

242 Or. App. 202

Sherrie SMITH, Plaintiff-Appellant, v. TRUCK INSURANCE EXCHANGE, INC. (Farmers Insurance); and Parham Insurance Agency, Inc., Defendants-Respondents.

Court of Appeals of Oregon.

Decided April 20, 2011.

Attorney(s) appearing for the Case

Meagan A. Flynn , Portland, argued the cause for appellant. With her on the briefs was Preston Bunnell & Flynn, LLP.

Beth Cupani argued the cause for respondents. With her on the brief were Francis J. Maloney, III , and Maloney Lauersdorf Reiner, PC.

Before SERCOMBE, Presiding Judge, and BREWER, Chief Judge, and CARSON, Senior Judge.

BREWER, C.J.

Plaintiff, an alleged third-party beneficiary under a motor vehicle insurance policy, appeals from a judgment dismissing, for failure to state facts sufficient to constitute a claim for relief (ORCP 21 A(8)), and failure to prosecute the action by the real party in interest (ORCP 26 A), this action for breach of contract, negligence, and declaratory judgment. We conclude that the trial court lacked authority to adjudicate plaintiff's

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