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106 Or. App. 167

Schuette v. Ferrera

Court of Appeals of Oregon

Decided February 27, 1991

Court of Appeals of Oregon · decided 1991-02-27

Decided 1991-02-27

PER CURIAM

¶1This is a personal injury action. Plaintiff seeks recovery for loss of consortium. Defendant’s insurance carrier refused to cover that claim. Defendant’s personal liability is not in issue.

¶2What plaintiff wants determined now is whether the insurer is right or wrong. The trouble is that the insurer is not a party. Nothing that could be determined in this case could bind the insurer. There is nothing for us to decide.1

¶3Affirmed.

¶4 After the oral argument, counsel for defendant’s insurer filed a “stipulation to be bound by jurisdiction and decision.” It achieves nothing to correct the reviewability defect.

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