CORVALLIS SAND & G. CO. INC. v. OREGON AUTO. INS.


521 P.2d 1044 (1974)

CORVALLIS SAND AND GRAVEL COMPANY, Inc., a Corporation, Appellant, v. OREGON AUTOMOBILE INSURANCE COMPANY, a Corporation, Respondent.

Supreme Court of Oregon.

Decided May 2, 1974.


Attorney(s) appearing for the Case

Robert Mix, Corvallis, argued the cause and filed briefs for appellant.

Thomas H. Tongue, Portland, argued the cause for respondent. With him on the brief were Morrison, Bailey, Dunn, Cohen & Miller, Portland.

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


BRYSON, Justice.

Plaintiff, insured, brought this action against its liability insurance carrier to recover $36,224 expended in defending a statutory ejectment action (ORS 105.005 et seq.) entitled "State of Oregon, Acting by and through the State Land Board v. Corvallis Sand & Gravel Company, an Oregon corporation." Plaintiff tendered the defense of that action to defendant and the defendant refused to accept, stating, in part, in its letter of June 23, 1965...

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