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ROSBORO LUMBER CO. v. EBI

No. 16-82-01824; CA A25849.

672 P.2d 1336 (1983)

65 Or.App. 679

ROSBORO LUMBER COMPANY, a Partnership, Appellant, v. EMPLOYEE BENEFITS INSURANCE COMPANY, a California Corporation, Respondent, Rollins Burdick Hunter of Oregon, Inc., an Oregon Corporation, Formerly Cole, Clark & Cunningham, Inc., an Oregon Corporation, Defendant.

Court of Appeals of Oregon.

Decided November 23, 1983.

Reconsideration Denied December 9, 1983.

Attorney(s) appearing for the Case

Lewis Hoffman, Eugene, argued the cause for appellant. With him on the briefs were Michael F. Fox and Hoffman, Morris, Van Rysselberghe & Giustina, Eugene.

James N. Westwood, Portland, argued the cause for respondent. With him on the brief were Fredric A. Yerke, P. Conover Mickiewicz and Miller, Nash, Yerke, Wiener & Hager, Portland.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

VAN HOOMISSEN, Judge.

Plaintiff Rosboro Lumber Company (Rosboro) brought this action to recover the difference between its cost for workers' compensation insurance written by defendant Employee Benefits Insurance Company (EBI) and what it would have cost Rosboro had it not discontinued its insurance with a different carrier during a two-year period.

Rosboro's four claims for relief were based on fraud in the inducement, breach of warranty, unconscionable conduct...

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