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PREFERRED RISK MUT. INS. CO v. MISSION INSURANCE CO

495 P.2d 727 (1972)

PREFERRED RISK MUTUAL INSURANCE COMPANY, an Iowa Corporation, Appellant, v. MISSION INSURANCE COMPANY, a Corporation, Respondent.

Supreme Court of Oregon.

Decided April 12, 1972.

Attorney(s) appearing for the Case

Douglas M. Fellows, Portland, argued the cause for appellant. On the brief were Donald W. Varnes, and Hedrick & Fellows, P.C., Portland.

George M. Joseph, Portland, argued the cause for respondent. With him on the brief were James G. Breathouwer, and Bemis, Breathouwer & Joseph, Portland.

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

HOLMAN, Justice.

This is an action by one insurance company to compel another company to make a pro rata reimbursement to plaintiff for paying off an entire automobile collision loss. Plaintiff alleged that both companies had issued policies which covered the loss. The matter was tried on stipulated facts by the court without a jury and judgment was entered for defendant. Plaintiff appealed.

An automobile owned by Flora Krause was damaged in a collision while...

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