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HARDWARE MUTUAL CAS. CO. v. FARMERS INS. EXCH.

474 P.2d 316 (1970)

HARDWARE MUTUAL CASUALTY COMPANY, a Wisconsin Corporation, Appellant and Cross-Respondent, v. FARMERS INSURANCE EXCHANGE, a California Corporation, Grace J. Beliel, and Douglas A. Bonsor, Respondents and Cross-Appellants.

Supreme Court of Oregon, In Banc.

Decided September 11, 1970.

Attorney(s) appearing for the Case

Donald J. DeFrancq, Portland, argued the cause for appellant and cross-respondent. With him on the briefs were Davis, Jensen, Martin & Robertson, Portland.

Leo Levenson, Portland, argued the cause for respondents and cross-appellants. With him on the brief were Schoube & Cavanaugh and Frank M. Ierruli, Portland.

McALLISTER, Justice.

This is a declaratory judgment proceeding brought by Hardware Mutual Casualty Company to determine whether it is liable for certain personal injury and wrongful death claims under a liability policy issued by it to World Wide Dodge, Inc., a Portland automobile dealer. The trial court, sitting without a jury, found that Hardware was liable and Hardware appeals.

The controlling facts were stipulated. Hardware, on March 10, 1964, issued to...

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