Dasteur v. American Economy Insurance

Defendant appeals from a declaratory judgment granted in plaintiffs favor, which declared that “defendant’s insurance policy issued to plaintiff provides underinsured motorist coverage for the damages, including non-economic damages, caused by the wrongful death of plaintiffs son.” ORS chapter 28. The judgment also requires that the amount of damages to be recovered be determined by binding arbitration. We reverse.

Plaintiff, a named insured, and his son were covered persons under an automobile liability policy, which is intended to conform to the coverage required by the underinsured motorist…