# Waller v. Rocky Mountain Fire and Casualty Co.

> Oregon Supreme Court · May 15, 1975 · 272 Or. 69

URL: https://www.frixlaw.com/law-library/cases/9606982

## Case

- **Full name:** WALLER, Appellant, v. ROCKY MOUNTAIN FIRE AND CASUALTY COMPANY, Respondent
- **Court:** Oregon Supreme Court
- **Decided:** May 15, 1975
- **Citations:** 272 Or. 69; 535 P.2d 530; 91 A.L.R. 3d 1264; 1975 Ore. LEXIS 404
- **Precedential status:** Published
- **Opinion:** Concurrence by Holman
- **Judges:** Denecke, Holman, Tongue
- **Cited by:** 20 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9606982

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9606982. Public record. Not legal advice.