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ST. PAUL MERCURY INS. CO. v. BAUGHMAN

No. 41-748, CA A21589.

657 P.2d 1254 (1983)

61 Or.App. 534

ST. PAUL MERCURY INSURANCE COMPANY, a Corporation, Respondent, v. Rodger E. BAUGHMAN and Kate G. Baughman, Dba Furniture Towne, Appellants.

Court of Appeals of Oregon.

Decided February 9, 1983.

Attorney(s) appearing for the Case

Gerald R. Pullen, Portland, argued the cause and filed the brief for appellants.

Mary T. Danford, Portland, argued the cause for respondent. With her on the brief were Douglas G. Houser, I. Franklin Hunsaker, and Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland.

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

WARREN, Judge.

This action arose out of defendants' claim of coverage under a fire insurance policy issued by plaintiff. Defendants filed proofs of loss for $111,250 for personal property and $109,819 for business interruption caused by a fire at their furniture store. Plaintiff rejected defendants' claim and filed this action for a declaratory judgment, seeking a declaration that there was no coverage under the insurance policy.

Plaintiff's complaint raised...

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