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GROCE v. FIDELITY GENERAL INSURANCE COMPANY

448 P.2d 554 (1968)

Robert J. GROCE, Administrator of the Estate of Glenn Lindsay Bower, Deceased, Respondent and Cross-Appellant, v. FIDELITY GENERAL INSURANCE COMPANY, a Corporation, Appellant and Cross-Respondent. Wilbur Bower, Respondent and Cross-Appellant, v. Fidelity General Insurance Company, a Corporation, Appellant and Cross-Respondent.

Supreme Court of Oregon, Department 2.

Decided December 18, 1968.

Attorney(s) appearing for the Case

Howard R. Feuerstein and George H. Fraser, Portland, argued the cause for appellant and cross-respondent. With them on the briefs were Davies, Biggs, Strayer, Stoel & Boley, Portland.

John R. Faust, Jr., Portland, argued the cause for respondents and cross-appellants. With him on the brief were Cake, Jaureguy, Hardy, Buttler & McEwen, and Pozzi, Levin & Wilson, Portland.

Before PERRY, C.J., and SLOAN, GOODWIN, HOLMAN, and LUSK, JJ.

GOODWIN, Justice.

Fidelity General Insurance Company, the defendant in these consolidated cases, challenges judgments entered upon verdicts in favor of two plaintiffs who brought actions as assignees of the defendant's named insured. The plaintiffs previously had recovered judgments against the insured for damages in excess of his policy limits. There is also a cross appeal seeking attorney fees.

The seven assignments of error on appeal present questions that...

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