BEN RYBKE CO. v. ROYAL GLOBE INS. CO.

CA 18688; SC 28515.

651 P.2d 138 (1982)

293 Or. 513

THE BEN RYBKE COMPANY, an Oregon Corporation, Petitioner On Review, v. THE ROYAL GLOBE INSURANCE COMPANY, an Illinois Corporation, and the St. Paul Fire and Marine Insurance Company, a Minnesota Corporation, Respondents On Review.

Supreme Court of Oregon.

Decided September 21, 1982.


Attorney(s) appearing for the Case

Janice M. Stewart of McEwen, Newman, Hanna & Gisvold, Portland, argued the cause for petitioner on review and filed the petition and briefs.

I. Franklin Hunsaker of Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland, argued the cause for respondent on review The St. Paul Fire and Marine Ins. Co. With them on the response and brief were Mary T. Danford, Douglas G. Houser and Deborah S. MacMillan, Portland.

Randall B. Kester of Cosgrave, Kester, Crowe, Gidley & Lagesen, Portland, argued the cause for respondent on review The Royal Globe Ins. Co., and filed the response and brief.

Before LINDE, P.J., CAMPBELL and TANZER, JJ., and CARSON, J. Pro Tempore.


TANZER, Justice.

This is an action upon an insurance policy. Plaintiff-insured seeks to recover insurance for fire losses from two insurers, Royal Globe Insurance Company and St. Paul Fire and Marine Insurance Company. Defendants asserted that the action is barred by the one-year limitation period of ORS 743.660. Plaintiff asserted that the period of limitation was tolled by ORS 12.155. It also asserted an estoppel against the insurers' reliance on the limitation...

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