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POLSFOOT v. TRANSAMERICA TITLE INS. CO.

No. 78-7932; CA 15027.

614 P.2d 1173 (1980)

47 Or.App. 261

Curtis F. POLSFOOT and Elizabeth J. Polsfoot, Husband and Wife, Appellants, v. TRANSAMERICA TITLE INSURANCE COMPANY, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted July 17, 1980.

Decided July 21, 1980.

Attorney(s) appearing for the Case

Susan L. Burgott, Eugene, argued the cause for appellants. With her on the briefs were Lewis Hoffman and Hoffman, Morris, VanRysselberghe & Giustina, Eugene.

Janice M. Stewart, Portland, argued the cause and filed the brief for respondent.

Resubmitted In Banc July 17, 1980.

JOSEPH, Judge.

Plaintiffs brought an action at law for damages, alleging in separate causes of action that defendant had breached its contract of title insurance by refusing to pay a loss, had failed to defend plaintiffs' title under that contract and had been negligent in searching the title and issuing the insurance. They appeal from a summary judgment for defendant dismissing their complaint.1

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