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MUTUAL OF ENUMCLAW INS. CO. v. McBRIDE

CA A23657; SC 29101.

667 P.2d 494 (1983)

295 Or. 398

MUTUAL OF ENUMCLAW INSURANCE CO., a Corporation, Petitioner On Review, v. Paul Robert McBride and Sabrina McBride, Respondents On Review.

Supreme Court of Oregon.

Decided July 26, 1983.

Attorney(s) appearing for the Case

W.V. Deatherage, Medford, argued the cause for petitioner on review. With him on the petition and briefs were John B. Rogers and Frohnmayer, Deatherage, deSchweinitz & Pratt, Medford.

Robert A. Sacks, Portland, argued the cause and filed the brief for respondents on review.

Before LENT, C.J., LINDE, PETERSON, CAMPBELL, ROBERTS and CARSON, JJ., and JONES, J. Pro Tem.

ROBERTS, Justice.

In this declaratory judgment action plaintiff insurer alleged that defendant insureds committed fraud or false swearing, thus rendering their fire insurance policy void, ORS 743.612. Following a jury verdict and judgment for plaintiff, the trial court ordered a new trial on grounds that the jury had been erroneously instructed regarding the measure of proof. The Court of Appeals affirmed per curiam, 60 Or.App. 168

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