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KENTNER v. GULF INS. CO.

TC 25403; 30999; CA A26069; SC S30307.

686 P.2d 339 (1984)

297 Or. 470

Lester J. KENTNER and Linda J. Kentner, Respondents On Review, v. GULF INSURANCE COMPANY, Petitioner On Review, Lumbermens Insurance Agency and Tug Bailey, Defendants. Lester J. Kentner and Linda J. Kentner, Plaintiffs, v. New Zealand Insurance Company Limited and Lumbermens Insurance Agency, Inc., Defendants.

Supreme Court of Oregon, In Banc.

Decided July 24, 1984.

Rehearing Allowed and Decision Modified October 23, 1984.

Attorney(s) appearing for the Case

Robert L. Nash, Bend, argued the cause and filed the petition for petitioner on review. With him on the petition was Johnson, Marceau, Karnopp & Petersen, Bend.

Lawrence W. Erwin, Bend, argued the cause and filed the response for respondents on review.

CAMPBELL, Justice.

We allowed review of this case primarily to determine whether proof of reckless indifference is sufficient to establish the scienter element for statutory insurance fraud. We hold that it is but nevertheless affirm the reversal and remand entered by the Court of Appeals for a different reason.

While the principal question is not complex, this case presents several other questions. For this reason, we must recite some of the lengthy history...

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