Opinion

Waller v. Rocky Mountain Fire and Casualty Co.

  • 272 Or. 69
  • 535 P.2d 530
  • 91 A.L.R. 3d 1264
  • 1975 Ore. LEXIS 404
Court
Oregon Supreme Court
Filed
May 15, 1975
Status
Published
Author
Holman
On the bench
Denecke, Holman, Tongue
Cited by
20 cases

reasonable inference could be drawn from evidence to support trial court’s finding that the plaintiff was a resident of the insured’s household

How later courts described this case

  • reasonable inference could be drawn from evidence to support trial court’s finding that the plaintiff was a resident of the insured’s household
  • “Wherever the description ‘named insured’ is used, the only person named in the declarations of the policy is meant.”

Written by the judges who cited it.

The opinion

HOLMAN, J.,

specially concurring.

I agree with that part of the majority opinion which holds that the issue of whether the decedent was a “designated” insured was not litigated by the trial court and, therefore, we should not determine the issue on appeal. Because the case was not tried with this issue in mind, we cannot be sure that we have all the information available which would throw light upon the matter.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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