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FERGUSON v. BIRMINGHAM FIRE INSURANCE COMPANY

460 P.2d 342 (1969)

Helen L. FERGUSON, Appellant, v. BIRMINGHAM FIRE INSURANCE COMPANY, Respondent.

Supreme Court of Oregon, In Banc.

Decided October 22, 1969.

Rehearing Denied December 16, 1969.

Attorney(s) appearing for the Case

Donald H. Pearlman, Portland, argued the cause for appellant. With him on the briefs were Keane, Haessler, Bauman & Harper, and David W. Harper, Portland.

David N. Hobson, Portland, argued the cause for respondent. With him on the briefs were Phillips, Coughlin, Buell & Phillips, and Jarvis B. Black, Portland.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, DENECKE, HOLMAN and LANGTRY, JJ.

O'CONNELL, Justice.

This is an appeal from a judgment dismissing the complaint of Helen L. Ferguson, executrix of the estate of Thomas E. Ferguson in which she sought damages under an insurance policy issued by defendant Birmingham Fire Insurance Company.

The parties filed an agreed narrative statement of the proceedings pursuant to ORS 19.088.

Mr. Ferguson purchased from defendant company a policy insuring him in the following terms (among others...

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