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HATLEY v. TRUCK INSURANCE EXCHANGE

495 P.2d 1196 (1972)

Ralph HATLEY, Dba Milwaukie Carpets, Respondent, v. TRUCK INSURANCE EXCHANGE, an Insurance Association Organized in the State of California, Appellant.

Supreme Court of Oregon, In Banc.

April 19, 1972.

Attorney(s) appearing for the Case

McColloch, Dezendorf, Spears & Lubersky, James H. Clarke, and George L. Kirklin, Portland, for the petition.

McALLISTER, Justice.

In our opinion, 494 P.2d 426, we recognized that the coverage afforded by the vandalism and malicious mischief endorsement was "subject to the provisions of this policy." We then quoted verbatim the provisions of the exclusions1 which defendant contended, and still contends, expressly exclude the damage to plaintiff's carpet from coverage under the policy.

We agree that the...

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