Court of Appeals of Oregon May 31, 1995, 16-94-00645; CA A85318 (Mutual of Enumclaw Insurance v. Hemsoth)

HASELTON, J.

Plaintiff Mutual of Enumclaw appeals from an adverse judgment in a declaratory judgment action pertaining to an insurance coverage dispute. The trial court determined, by summary judgment, that a child who had been placed with the defendant insureds for adoption, but who had not yet been adopted at the time of the accident, was not a “foster child” and, hence, not a “family member”