Waller v. Auto-Owners Insurance

Plaintiff initiated this breach of contract action against defendant Auto-Owners, her parents’ automobile insurance carrier, to recover underinsured motorist (UIM) benefits. The trial court granted defendant’s motion for summary judgment, concluding as a matter of law that, because she was a resident of Oregon at the time of the accident, plaintiff was not covered under her parents’ Florida insurance policies. Plaintiff appeals. Because we conclude that a genuine issue of material fact exists, see ORCP 47 C, we reverse and remand.

The following background facts, which are not disputed, gave…