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HUTCHINS v. MUTUAL OF ENUMCLAW INSURANCE CO.

516 P.2d 1273 (1973)

Jack R. HUTCHINS and Medora E. Hutchins, Husband and Wife, Respondents, v. MUTUAL OF ENUMCLAW INSURANCE COMPANY, a Washington Corporation, Appellant.

Supreme Court of Oregon.

Decided December 13, 1973.

Attorney(s) appearing for the Case

Alfred T. McGill, Portland, argued the cause for appellant. On the brief were Richard T. Clarke, and McGill & Clarke, Portland.

Charles V. Elliott, Portland, argued the cause for respondents. With him on the brief were Elliott & Davis, Portland.

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

BRYSON, Justice.

This is an action on a homeowner's extended insurance policy to recover losses to plaintiffs' property which plaintiffs allege to have occurred when a road construction company was blasting in the vicinity of their residence. The trial court, sitting without a jury, found that the blasting was the proximate cause of plaintiffs' damage and, therefore, not within one of the exclusionary clauses of the insurance policy, and entered judgment for plaintiffs...

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