HATLEY v. TRUCK INSURANCE EXCHANGE


494 P.2d 426 (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.

Decided March 1, 1972.

Rehearing Denied April 19, 1972.


Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for appellant. With him on the briefs were McColloch, Dezendorf, Spears & Lubersky and George L. Kirklin.

Gerald R. Pullen, Portland, argued the cause for respondent. With him on the brief was James A. Luebke.


McALLISTER, Justice.

This is an action on the Vandalism and Malicious Mischief Endorsement of a policy of property insurance. Plaintiff had a verdict and judgment below and defendant insurer appeals.

Plaintiff operates a carpet and drapery store in downtown Milwaukie. His store building sits back about twenty feet from the curb with grass and shrubs planted in the area between the curb and the building. In warm weather plaintiff watered this area during the...

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