MORTGAGE BANCORP. v. NEW HAMPSHIRE INS. CO.

No. 132,612; CA A28148.

677 P.2d 726 (1984)

67 Or.App. 261

MORTGAGE BANCORPORATION, an Oregon Corporation, General Partner in Real Estate Loan Fund Oreg. Ltd., an Oregon Limited Partnership, Respondent, v. THE NEW HAMPSHIRE INSURANCE COMPANY, a New Hampshire Corporation, Appellant.

Court of Appeals of Oregon.

Decided March 7, 1984.


Attorney(s) appearing for the Case

I. Franklin Hunsaker, Portland, argued the cause, for appellant. With him on briefs were Douglas G. Houser, Joseph A. Geary, and Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland.

Dale L. Crandall, Salem, argued the cause, for respondent. With him on brief was Crothers & Crandall, Salem.

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


WARREN, Judge.

Defendant appeals a trial court ruling granting plaintiff's motion for summary judgment and denying defendant's cross-motion in a declaratory judgment action. The trial court held that plaintiff is entitled to recover for vandalism damage under a policy of insurance issued by defendant to plaintiff. We reverse.

The facts are not in dispute. Gary and Shireen Weddel borrowed money from plaintiff, secured by a trust deed, to complete and remodel...

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