Farmers Insurance v. Stockton

EDMONDS J.,

dissenting.

The majority overrules Grange Insurance Association v. Beleke, 90 Or App 416, 752 P2d 864 (1988), and holds that defendant’s derivative rights against plaintiff are not precluded, even though plaintiffs insureds could not recover under their policy. That holding is not supported by a sound rationale.

In Grange Insurance, the appellants, an automobile accident victim and his insurer, appealed from a judgment granting declaratory relief to the plaintiff insurer. The judgment determined that the plaintiffs liability insurance policy did not cover the appellants’ claims…