Armintrout v. Transportation Insurance

Plaintiff appeals from the entry of summary judgment in favor of defendant,1 her automobile insurer, on her claim for breach of contract. We reverse and remand.

We state the facts in the light most favorable to plaintiff, and draw all reasonable inferences from the facts in her favor. Seeborg v. General Motors Corporation, 284 Or 695, 699, 588 P2d 1100 (1978).

Plaintiff, a passenger in a car driven by her husband, was injured when it was struck by a car driven by Stephen Perry. She settled a claim against Perry for $25,000, but did not obtain the consent of defendant, her insurer. Plaintiff…