KINSEY v. TRANSAMERICA INSURANCE COMPANY


513 P.2d 790 (1973)

Roy C. KINSEY, Appellant, v. TRANSAMERICA INSURANCE COMPANY, a California Corporation, Respondent-Cross Appellant.

Supreme Court of Oregon, In Banc.

Decided September 10, 1973.


Attorney(s) appearing for the Case

Paul T. Bailey, Portland, argued the cause for appellant. On the briefs were Bailey, Doblie, Ceniceros & Bruun, and Joseph F. Ceniceros, Portland.

Austin W. Crowe, Jr., Portland, argued the cause for respondent-cross appellant. With him on the briefs were Cosgrave & Kester, Portland.


TONGUE, Justice.

This is an action by the insured under a fire insurance policy to collect the difference between the amount paid by an insurance company as the "actual cash value" of the insured property, which was totally destroyed by fire, and the face amount of the policy. The case was tried before the court, sitting without a jury. Plaintiff appeals from an adverse judgment, based upon general findings of fact in favor of defendant. We affirm.

The insurance...

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