Lindsey v. Dairyland Insurance

This is a declaratory judgment proceeding pursuant to ORS Chapter 28 to determine whether defendant is required to pay certain attorney fees and expenses of litigation. The trial court resolved the issue in defendant’s favor, and plaintiff appeals.

On or about February 4, 1973, plaintiff suffered personal injuries in an automobile collision wherein one Roman was the driver of the other vehicle. Roman carried liability insurance with State Farm Fire and Casualty Co. Plaintiff was insured with defendant, and the policy, pursuant to ORS Chapter 743, contained coverage for "personal injury…