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SUTTON v. FIRE INSURANCE EXCHANGE

509 P.2d 418 (1973)

Ervin W. SUTTON, Appellant and Cross-Respondent, v. FIRE INSURANCE EXCHANGE, a California Corporation Authorized to Transact Business in Oregon, Respondent and Cross-Appellant.

Supreme Court of Oregon.

Decided April 26, 1973.

Attorney(s) appearing for the Case

Gary D. Rossi, Coos Bay, argued the cause for appellant. With him on the briefs were McInturff, Thom, Collver & Rossi, Coos Bay.

Paul D. Clayton, Eugene, argued the cause for respondent. With him on the brief were Luvaas, Cobb, Richards & Frazer, Eugene.

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

DENECKE, Justice.

Plaintiff brought this action to recover for a burglary loss allegedly covered by a policy issued by the defendant insurer to the plaintiff. The insurer in its answer tendered $2,307.50 in full satisfaction and deposited such sum with the clerk. The jury returned a verdict for plaintiff for $3,037. However, the trial court set the verdict aside and entered judgment for the insurer on the ground that there was no evidence that plaintiff had filed...

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