VANDERZANDEN BROS., INC. v. MUT. OF ENUMCLAW

No. 37-337; CA 11033.

601 P.2d 889 (1979)

42 Or.App. 839

VANDERZANDEN BROS., INC., an Oregon Corporation, Respondent, v. MUTUAL OF ENUMCLAW INSURANCE CO., a Corporation, Appellant.

Court of Appeals of Oregon.

Decided October 29, 1979.


Attorney(s) appearing for the Case

John H. Clough, Portland, argued the cause for appellant. With him on the briefs were Alfred T. McGill and McGill, Clarke & Kapranos, Portland.

J. Brad Littlefield, Portland, argued the cause for respondent. With him on the brief was Goldsmith, Siegel, Engel & Littlefield, Portland.

Before SCHWAB, C.J., TANZER, RICHARDSON and ROBERTS, JJ., and PETERSON, J. Pro Tem.


TANZER, Judge.

In this action at law on a property damage insurance policy, the jury returned a verdict for the plaintiff corporation. Defendant appeals, claiming that it was entitled to judgment, as a matter of law.

In 1973, the defendant insurance company issued to plaintiff a farmowner's insurance policy which insured designated farm equipment. The policy remained in force and effect through August 22, 1976, and contained the following provision:

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