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FIREMAN'S FUND AMER. INS. v. PACIFIC POWER & L. CO.

525 P.2d 157 (1974)

FIREMAN'S FUND AMERICAN INSURANCE COMPANIES, a Corporation, Respondent, v. PACIFIC POWER & LIGHT COMPANY, a Corporation, Appellant.

Supreme Court of Oregon, In Banc.

Decided August 8, 1974.

Attorney(s) appearing for the Case

Ivan Lewis Gold, Portland, argued the cause for appellant. On the briefs with him were Rives, Bonyhadi & Drummond and Hardy Myers, Jr., Portland.

Kent C. Whitaker, of Whitaker & Whitaker, P.C., Portland, argued the cause and filed the brief for respondent.

TONGUE, Justice.

This is an action by an insurance company on a subrogated claim of $14,300 for damages by fire to a mobile home insured by it. The case was tried by the court, sitting without a jury. Defendant appeals from a judgment for plaintiff in the full amount of the claim.

Defendant assigns as error the striking from its answer of affirmative defenses alleging that negligence of plaintiff's insured was the cause of the damage and the refusal of the...

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