COMMERCE AND INDUSTRY INSURANCE COMPANY v. ORTH


458 P.2d 926 (1969)

COMMERCE AND INDUSTRY INSURANCE COMPANY, a Corporation, Appellant, v. Richard ORTH, Dba Starlite Homes, Arnie Schmautz and J. Darrell Muyskens, Dba Buckaroo Roofing Co., Respondents, and Sylvan Hills Apartments, Inc., an Oregon Corporation, Defendant.

Supreme Court of Oregon.

Decided September 17, 1969.


Attorney(s) appearing for the Case

Robert J. Johnston, Portland, argued the cause and filed a brief for appellant.

Norman Kobin, Portland, argued the cause for respondent Orth. With him on the brief were Kobin & Meyer and Robert M. Mercer and Jack L. Joyce, Portland.

Thomas M. Triplett, Portland, argued the cause for respondents Schmautz and Muyskens. With him on the brief were James B. O'Hanlon and Mautz, Souther, Spaulding, Kinsey & Williamson, Portland.

Before SLOAN, P.J., and O'CONNELL, GOODWIN, DENECKE, and HOLMAN, JJ.


GOODWIN, Justice.

After paying an apartment owner's claim for a "windstorm loss" sustained while a building was under construction, the insurance company seeks in this action to recover damages against both the general contractor and the roofing subcontractors for alleged negligence in the installation of the roof. The insurance company appeals from a judgment on the pleadings in favor of the defendants.

The pleadings contain all relevant contract documents...

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