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COOPER v. COMMONWEALTH LAND TITLE INS. CO.

16-82-01491; CA A31284.

699 P.2d 1128 (1985)

73 Or.App. 539

William N. COOPER and Peggy Joy Cooper, Husband and Wife, Appellants, v. COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania Corporation, and Amvesco, Inc., an Oregon Corporation, Dba Western Pioneer Title Co. of Lane County, Respondents.

Court of Appeals of Oregon, In Banc.

Resubmitted April 4, 1985.

Decided May 15, 1985.

Reconsideration Denied July 12, 1985.

Attorney(s) appearing for the Case

Charles G. Duncan, Eugene, argued the cause and filed the brief for appellants.

Martha C. Evans, Eugene, argued the cause and filed the brief for respondents.

Resubmitted In Banc April 4, 1985.

WARREN, Judge.

Plaintiffs brought this action to recover costs and attorney fees from their title insurance carrier, contending that defendants breached the contract by refusing to defend a counterclaim asserted against plaintiffs' earlier action for trespass. The trial court granted defendants' motion to dismiss the amended complaint for failure to state ultimate facts sufficient...

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