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NORTHWESTERN MUT. INS. CO. v. PETERSON

572 P.2d 1023 (1977)

280 Or. 773

NORTHWESTERN MUTUAL INSURANCE COMPANY, a Corporation, Respondent, v. Carl C. PETERSON, Appellant.

Supreme Court of Oregon, Department 1.

Decided December 28, 1977.

Attorney(s) appearing for the Case

Charles R. Cater of Cater & Johnson, La Grande, argued the cause and filed briefs for appellant.

I. Franklin Hunsaker of Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland, argued the cause and filed a brief for respondent.

Before DENECKE, C.J., HOWELL and LINDE, JJ., and GILLETTE, J. Pro Tem.

GILLETTE, Justice Pro Tem.

This is a subrogation action which grew out of a claim paid on a builder's risk insurance policy. Plaintiff insurance company paid a claim for damages suffered when a church building under construction in Baker collapsed during a windstorm. Plaintiff sued defendant, alleging that had it not been for defendant's negligence in constructing the building, the accident would not have occurred. Defendant's position was that the church was blown...

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