Workman v. Valley Insurance

Plaintiff appeals from the éntry of summary judgment in favor of defendant automobile insurer in this breach of contract action for nonpayment of underinsured motorist (UIM) benefits. The trial court determined that plaintiff’s alleged noncompliance with the insurance policy’s “consent-to-settle” condition precluded UIM coverage and, particularly, that there were no issues of material fact pertaining to the inquiry prescribed in Federated Service Ins. Co. v. Granados, 133 Or App 5, 889 P2d 1312, rev den 321 Or 512 (1995). We reverse.

On August 20,1992, plaintiff was injured when the car he was…