Goddard v. Farmers Ins. Co. of Oregon

LIPSCOMB, J., pro tempore.

This is an action for damages against Farmers Insurance Company (Farmers) resulting from an excess judgment against its insured in a wrongful death case. Plaintiff is the assignee of the claims of the original tortfeasor, Munson, who was Farmers’ insured. Plaintiff appeals the allowance of summary judgment in favor of Farmers by the Multnomah County Circuit Court. We reverse and remand..

I. FACTUAL AND PROCEDURAL BACKGROUND

Although at this stage of the proceeding plaintiff is entitled to the benefit of the doubt with respect to any factual issues, the facts are…