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MARCOTTE v. FARMERS INSURANCE CO.

No. 39594; CA A27805.

675 P.2d 1118 (1984)

66 Or.App. 928

Marvin J. MARCOTTE and Bonni Marcotte, Appellants, v. FARMERS INSURANCE COMPANY OF OREGON, an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Decided February 8, 1984.

Reconsideration Denied March 16, 1984.

Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for appellants. With him on the briefs was Burt, Swanson, Lathen, Alexander & McCann, Salem.

I. Franklin Hunsaker, Portland, argued the cause for respondent. With him on the brief were James L. Knoll, Joseph A. Geary, and Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

YOUNG, Judge.

This is an action on a standard fire insurance policy issued by defendant. Plaintiffs appeal a summary judgment for defendant. The trial court, in a memorandum opinion, ruled that

"* * * plaintiffs should have followed their insurance policy and ORS 743.648 and demanded an appraisal, rather than filing this proceeding. They received no recovery in this action and therefore would not be entitled to attorney's fees under ORS 743.114."

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