GOWANS v. NORTHWESTERN PACIFIC INDEMNITY CO.


489 P.2d 947 (1971)

Shelley M. GOWANS and Patricia Y. Gowans, Appellants, v. NORTHWESTERN PACIFIC INDEMNITY COMPANY, Respondent.

Supreme Court of Oregon.

Decided October 20, 1971.

Rehearing Denied December 30, 1971.


Attorney(s) appearing for the Case

Gerald R. Pullen, Portland, argued the cause for appellants. With him on the brief was Martin J. Howard, Portland.

Edward H. Warren, Portland, argued the cause for respondent. With him on the brief were Hershiser, Mitchell & Warren, Portland.

Before O'CONNELL, C.J., and McALLISTER, HOLMAN, TONGUE and HOWELL, JJ.


TONGUE, Justice.

This is an action against an insurance company under a policy insuring for "loss by theft" to recover money paid by the insured as a reward for the return of stolen jewelry covered by the policy.

Defendant admitted the theft of the jewelry and payment of the reward for its return, but denied that plaintiffs were entitled to recover the amount of that payment as a "loss by theft." It is stipulated that both the value of the stolen jewelry and...

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