Court of Appeals of Oregon December 24, 1996, 94-10-06962; CA A89426 (Austin Mutual Insurance v. McMannamy)

LEESON, J.

In this declaratory judgment action, defendant LaRose appeals from a summary judgment granted to plaintiff Austin Mutual Insurance Company (AMI). ORS 19.010(1), (2)(e). The trial court ruled that a default taken by AMI’s insured, McMannamy, precludes LaRose from litigating the effective date of McMannamy’s homeowner’s insurance coverage.1 We reverse and remand.