HIGGINS v. INSURANCE COMPANY OF NORTH AMERICA


469 P.2d 766 (1970)

Linn D. HIGGINS and Betty J. Higgins, Husband and Wife, Respondents, v. INSURANCE COMPANY OF NORTH AMERICA, Appellant.

Supreme Court of Oregon, In Banc.

Decided May 28, 1970.

Rehearing Denied July 21, 1970.


Attorney(s) appearing for the Case

Thomas M. Triplett, Portland, argued the cause for appellant. With him on the briefs were Mautz, Souther, Spaulding, Kinsey & Williamson, Portland,

William E. Flinn, Eugene, argued the cause for respondents. On the brief were Jaqua, Wheatley & Gardner, Eugene.

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


McALLISTER, Justice.

This is an action on a fire insurance policy in which the trial court found for plaintiffs and defendant Insurance Company of North America appeals. The principal questions on appeal are whether plaintiffs had an insurable interest in the insured premises, the effect on plaintiffs' claim of other insurance on the same property, whether the filing of a proof of loss was waived, and the amount plaintiffs were entitled to recover under the terms...

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