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SCHNITZER v. SO. CAROLINA INS.

No. A8103-01863; CA A24422.

661 P.2d 550 (1983)

62 Or.App. 300

Arlene SCHNITZER, June D. Nagel and Ruth Heldfond, Personal Representatives of the Estate of Simon Director, Deceased, and June D. Nagel, Arlene Schnitzer and Ruth Heldfond, Personal Representatives of the Estate of Helen Director, Deceased and Garthe Brown, June D. Nagel, Arlene Schnitzer and Ruth Heldfond, Trustees of the Testamentary Trust of Helen Director, Deceased, Appellants, v. SOUTH CAROLINA INSURANCE COMPANY, a Corporation, and Industrial Insurance Company, a Corporation, Respondents.

Court of Appeals of Oregon.

Decided March 23, 1983.

Reconsiderations Denied April 29, May 13, 1983.

Attorney(s) appearing for the Case

David P. Templeton, Portland, argued the cause for appellants. With him on the briefs was Martin, Bischoff, Templeton, Biggs & Ericsson, Portland.

I. Franklin Hunsaker, III, Portland, argued the cause for respondents. With him on the brief were Douglas G. Houser, Robert F. Riede, and Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland.

Before JOSEPH, C.J., and WARDEN and VAN HOOMISSEN, JJ.

JOSEPH, Chief Judge.

This is the second appeal in this case. In February, 1977, the Hughes Building in Portland, owned by plaintiffs and insured against fire loss by defendants, was destroyed by fire. The parties disagreed about the actual cash value of the building and the amount of plaintiffs' loss. Defendants demanded that the disagreements be resolved through the appraisal procedure required by ORS 743.648 and the insurance policies. Plaintiffs sought and obtained...

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