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EMPLOYERS' FIRE INS. v. LOVE IT ICE CREAM

No. A7906-02629; CA A21553.

670 P.2d 160 (1983)

64 Or.App. 784

THE EMPLOYERS' FIRE INSURANCE COMPANY, a Massachusetts Corporation, Appellant-Cross-Respondent, v. LOVE IT ICE CREAM Co., a Corporation, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided October 5, 1983.

Attorney(s) appearing for the Case

I. Franklin Hunsaker, III, Portland, argued the cause for appellant-cross-respondent. With him on the briefs were Mary T. Danford, Douglas G. Houser, and Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland.

Michael J. Esler and Kim T. Buckley, Portland, argued the cause for respondent-cross-appellant. On the briefs were John W. Stephens and Esler & Schneider, Portland.

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

WARREN, Judge.

Plaintiff appeals and defendant cross-appeals from a judgment order entered in favor of defendant, a corporation engaged in the manufacturing and marketing of ice cream products. Plaintiff is defendant's insurer under a fire insurance policy. This appeal arises out of a declaratory judgment action filed by plaintiff, alleging that defendant is not entitled to recover for a claimed fire loss, because it intentionally caused the fire and made intentional...

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