Rosalez v. Unigard Insurance

Plaintiff brought this action against defendant insurance company pursuant to ORS 743.783. 1 Plaintiff had previously recovered judgment against Timothy Girsberger, defendant’s insured, in an action for personal injuries arising out of an automobile accident which occurred September 2,1973. Plaintiff’s judgment against Girsberger remained unsatisfied. The case at bar was tried to the court, and the parties stipulated "the only issue before the Court is whether or not there was a violation of the terms of the [insurance] policy that is contained in the affirmative defense, therefore the burden…