No. A7904-01994; CA 17573.

632 P.2d 1381 (1981)

53 Or.App. 898

David C. BURGER, Respondent-Cross-Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY, an Ohio Corporation, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided September 8, 1981.

Attorney(s) appearing for the Case

Mildred J. Carmack, Portland, argued the cause for appellant-cross-respondent. With her on the briefs was Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Dennis P. Rawlinson, Portland, argued the cause for respondent-cross-appellant. With him on the brief was Miller, Nash, Yerke, Wiener & Hager, Portland.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.

WARREN, Judge.

Plaintiff brought this action on a policy of automobile insurance issued by defendant to plaintiff for collision damage to his automobile. Defendant refused to pay plaintiff's claim on the ground plaintiff had procured the policy by making material misrepresentations of fact. The trial court entered judgment for plaintiff, holding that because the accident for which the claim was made occurred prior to plaintiff...

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