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PEERY-ROGERS THRIFTY DRUG v. NORTH PACIFIC

No. 81-0425; CA A29151.

691 P.2d 917 (1984)

71 Or.App. 181

PEERY-ROGERS THRIFTY DRUG Co., an Oregon Corporation, Appellant, v. NORTH PACIFIC Insurance Co., an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Decided November 28, 1984.

Attorney(s) appearing for the Case

Willard L. Cushing, McMinnville, and Mark L. Cushing, Portland, argued the cause for appellant. With them on the briefs was Cushing, Johnstone & Peterson, P.C., McMinnville.

Mary T. Danford, Portland, argued the cause for respondent. With her on the brief were Douglas G. Houser, and Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland.

Before BUTTLER, P.J., JOSEPH, C.J., and WARREN, J.

JOSEPH, Chief Judge.

In this declaratory judgment action, the question is the extent of liability of the defendant insurer for fixtures and equipment destroyed in a June, 1980, fire at plaintiff's business. The trial court granted defendant's motion for directed verdict. We reverse and remand.

Until 1979, plaintiff carried cash value insurance coverage for inventory, fixtures and equipment. In that year plaintiff decided to secure replacement cost insurance...

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