BERNARD v. NATIONAL GUARANTY INSURANCE COMPANY


530 P.2d 74 (1974)

Dr. Lawrence BERNARD, Respondent, v. NATIONAL GUARANTY INSURANCE COMPANY, an Arizona Corporation, Appellant.

Supreme Court of Oregon, In Banc.

Decided December 31, 1974.


Attorney(s) appearing for the Case

James C. Tait, Oregon City, argued the cause for appellant. With him on the brief were Frederic D. Canning and Hibbard, Caldwell, Canning, Bowerman & Schultz, Oregon City.

Carl N. Byers, Salem, argued the cause for respondent. On the brief were Heltzel & Byers, Salem.


BRYSON, Justice.

Plaintiff, a dentist, brought this action, on a malpractice insurance policy issued by defendant, to recover money he paid to satisfy a judgment against him for malpractice. The jury returned a verdict in favor of plaintiff and judgment was entered accordingly. The defendant appeals.

The defendant assigns as error the court's denial of defendant's motions for involuntary nonsuit and a directed verdict. The insurance policy provided:

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