Legal Opinion

Allstate Insurance Co. v. Kelsey

Court of Appeals of Oregon

Decided March 14, 1984No. 82-1176-NJ-2; CA A26785PublishedCited by 15 opinions

1Opinion of the Court

*351BUTTLER, J.

Defendant Kelsey, as personal representative of Tyler Kelsey, appeals from a declaratory judgment entered pursuant to an order granting plaintiff Allstate Insurance Company’s (Allstate) motion for summary judgment. The trial court held that an insurance policy Allstate issued to defendant Loper excludes coverage of a claim for wrongful death of Tyler arising out of Loper’s baby-sitting activities. We affirm.

Loper was baby-sitting one and one-half-year-old Tyler in her home when a ladder fell on him in his playpen, causing fatal injuries. The ladder, which was leaning against the…

2Cases cited2 opinions

  1. Gulf Insurance Company v. TilleyDistrict Court, N.D. Indiana · 1967
  2. Safeco Insurance Company v. LeslieOregon Supreme Court · 1976

3Cited by15 opinions

  1. Prudential Property & Casualty Insurance v. BoylanNew Jersey Superior Court Appellate Division · 1998
  2. Floyd v. Northern Neck InsuranceSupreme Court of Virginia · 1993
  3. State Farm Fire & Casualty Co. v. ReedTexas Supreme Court · 1994
  4. Amco Insurance v. BeckSupreme Court of Kansas · 1996
  5. Moncivais v. Farm Bureau Mutual Insurance Co.Supreme Court of Iowa · 1988

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