Grange Insurance v. Stumpf

In this declaratory judgment action, defendants Ludeman and Kristin Wheeler appeal from a summaryjudgment in favor of Country Casualty Insurance Company (Country Casualty). Because we conclude that the trial court erred as a matter of law, ORCP 47 C, we reverse and remand.

Thompson, a long-haul truck driver, owned a car that was insured by Country Casualty. Thompson lived with Agee and her 15-year-old son, Stumpf. Stumpf had an Oregon learner’s permit but did not have a driver’s license. On October 4, 1992, Stumpf drove Thompson’s car to work and was involved in an accident with a car driven…