FARRIS v. UNITED STATES FIDELITY AND GUARANTY CO.


542 P.2d 1031 (1975)

Richard FARRIS and Palmer Kellum, Jr., Appellants, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, a Foreign Insurance Company, Respondent.

Supreme Court of Oregon, In Banc.

Decided November 28, 1975.


Attorney(s) appearing for the Case

Peter L. Barnhisel, Corvallis, argued the cause for appellants. With him on the briefs were Fenner & Barnhisel, Corvallis.

Edward V. O'Reilly, Eugene, argued the cause and filed a brief for respondent.


DENECKE, Justice.

The plaintiffs brought this action in their capacity as insureds in a liability policy issued by defendant (USF & G). The action is in part to recover plaintiffs' expenses incurred in defending an action brought against them and which USF & G refused to defend. The trial court sustained the demurrer of USF & G and plaintiffs appeal.

The defendant filed a motion to dismiss the appeal contending plaintiffs are attempting to appeal...

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