KUBECK v. CONSOLIDATED UNDERWRITERS


517 P.2d 1039 (1974)

William KUBECK, III, Appellant, v. CONSOLIDATED UNDERWRITERS, Respondent.

Supreme Court of Oregon.

Decided January 17, 1974.


Attorney(s) appearing for the Case

Donald H. Joyce, Portland, argued the cause and filed a brief for appellant.

George M. Joseph, Portland, argued the cause for respondent. With him on the brief were James G. Breathouwer, and Bemis, Breathouwer & Joseph, Portland.

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


BRYSON, Justice.

Plaintiff brought this action to recover under the theft loss provision of his automobile insurance policy issued by defendant. Defendant's answer alleged that the policy had been issued in reliance on plaintiff's material misrepresentation that the car in question was a standard 1969 Ford Fairlane. In fact, the automobile was a high performance 1969 Ford Fairlane Cobra which defendant contended it would not have insured had it known the true facts...

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