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AUSMAN v. EAGLE FIRE INSURANCE COMPANY

444 P.2d 18 (1968)

Richard AUSMAN, Respondent and Cross-Appellant, v. EAGLE FIRE INSURANCE COMPANY, Defendant, and St. Paul Fire and Marine Insurance Company, Appellant and Cross-Respondent.

Supreme Court of Oregon. Department 2.

Decided July 24, 1968.

Attorney(s) appearing for the Case

George M. Joseph, Portland, argued the cause for appellant and cross-respondent. With him on the briefs were Morrison & Bailey and Robert H. Hollister, Portland.

David W. Harper, Portland, argued the cause for respondent and cross-appellant. On the briefs were Keane, Haessler, Bauman & Harper and Donald H. Pearlman, Portland.

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

LUSK, Justice.

This is an action on a policy of automobile liability insurance in which the plaintiff recovered a judgment for the sum of $15,963.70, interest and costs, against the defendant St. Paul Fire and Marine Insurance Company. St. Paul has appealed and plaintiff has cross-appealed.

The complaint, as initially filed, contained a cause of action against Eagle Fire Insurance Company to recover $5,000 upon a policy of liability insurance issued by that...

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