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LEAVENS v. NORTHWESTERN MUTUAL INSURANCE CO.

439 P.2d 17 (1968)

Winston C. LEAVENS, Dba Seth Leavens Agency, Respondent, v. NORTHWESTERN MUTUAL INSURANCE COMPANY, a Corporation, Appellant, and Melvin P. Pihl and June R. Pihl, Husband and Wife, Defendants-Respondents.

Supreme Court of Oregon, Department 2.

Decided March 27, 1968.

Attorney(s) appearing for the Case

Gerald R. Pullen, Portland, argued the cause for appellant. With him on the brief were Hershiser, Mitchell & Smith, Portland.

Jack L. Hoffman, Portland, argued the cause for respondent, Winston C. Leavens. With him on the brief were Pendergrass, Spackman, Bullivant & Wright, Portland.

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

SLOAN, Justice.

Plaintiff, an agent of defendant Northwestern Mutual Insurance Company, seeks a declaratory judgment against the company for its failure to issue a fire insurance policy to defendants Pihl which would have included the contents of the Pihl house. The trial court entered a decree in favor of plaintiff and defendant Pihls against Northwestern. The latter appeals.

The obligatory facts are that in July 1964, defendant Melvin Pihl, a homeowner and...

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