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MITCHELL BROS. TRUCK LINES v. LEXINGTON INS.

No. A7609-13844; SC 25520.

598 P.2d 294 (1979)

287 Or. 217

MITCHELL BROS. TRUCK LINES, an Oregon Corporation, Respondent, v. LEXINGTON INSURANCE COMPANY, a Massachusetts Corporation, Appellant.

Supreme Court of Oregon, Department 2.

Decided August 7, 1979.

Attorney(s) appearing for the Case

John R. Dudrey, of Fredrickson, Weisensee & Cox, Portland, argued the cause for appellant. With him on the briefs were David N. Lackey and Floyd A. Fredrickson, Portland.

Edward H. Warren, of Acker, Underwood, Beers, Smith & Warren, Portland, argued the cause and filed the brief for respondent.

Before DENECKE, C.J., and TONGUE, BRYSON, and LINDE, JJ.

DENECKE, Chief Justice.

The defendant, Lexington Insurance Company, insured personal property of the plaintiff, Mitchell Bros. Truck Lines, as evidenced by a policy labeled "special floater policy." Rex Roberts filed a complaint against Mitchell alleging Roberts had stored machinery with Mitchell and Mitchell failed to redeliver some of the machinery. Mitchell sent the claim to Lexington who replied that it had no duty to defend or pay any judgment Roberts might secure...

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