Prevosky v. FIREMAN'S FUND INSURANCE COMPANY

This is an action on an automobile casualty insurance policy to recover $1,000 in medical expenses allegedly incurred as the result of injuries sustained by plaintiff’s stepdaughter, a member of his family, while riding in an automobile owned by a third party. Defendant demurred to the complaint on the ground that plaintiff did not have the legal capacity to sue because he was not the real party in interest, in reliance upon ORS 16.260 (2) and 13.030. The court sustained the demurrer. Plaintiff refused to plead fur tlier and appeals from an order dismissing Ms complaint.

Plaintiff contends…