DeStefano v. Oregon Mutual Insurance Co.

OPINION

BENCH, Judge:

Defendant appeals from a trial court’s order of summary judgment entered in favor of plaintiff in a declaratory action on an insurance policy. Two issues are raised on appeal. First, did issues of fact preclude entry of summary judgment? Second, did plaintiff “occupy” the insured vehicle at the time of the accident within the meaning of Oregon law? We affirm.

Defendant Oregon Mutual Insurance Company (Oregon Mutual), an Oregon cor poration, issued an automobile policy to Rod and Deanna Cooper, residents of Oregon, as named insureds. Three automobiles were covered under the…