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KENTNER v. GULF INS. CO.

No. 25403; CA A26069.

673 P.2d 1354 (1983)

66 Or.App. 15 Lester J. KENTNER and Linda J. Kentner, Appellants — Cross-Respondents, v. GULF INSURANCE COMPANY, Respondent—Cross-Appellant, Lumbermens Insurance Agency, Inc., and Tug Bailey, Defendants. Lester J. Kentner and Linda J. Kentner, Plaintiffs, v. New Zealand Insurance Company Limited and Lumbermens Insurance Agency, Inc., Defendants.

Court of Appeals of Oregon.

Decided December 7, 1983.

Reconsideration Denied January 13, 1984.

Review Denied February 15, 1984.

Attorney(s) appearing for the Case

Lawrence W. Erwin, Bend, argued the cause and filed the brief for appellants — cross-respondents.

Robert L. Nash, Bend, argued the cause for respondent — cross-appellant. With him on the brief was Johnson, Marceau, Karnopp & Petersen, Bend.

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

RICHARDSON, Presiding Judge.

Plaintiffs brought this action to recover fire insurance proceeds from defendant Gulf Insurance Company (Gulf).1 Gulf interposed affirmative defenses to the effect that it was not on the risk at the time the fire occurred and that plaintiffs were barred from recovering on the policy because they made material misrepresentations both in applying for the policy and in their proof of loss. Plaintiffs appeal from...

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