HALSEY v. FIREMAN'S FUND INS. CO.

No. 82-1282; CA A28702.

681 P.2d 168 (1984)

68 Or.App. 349

Gene HALSEY and Melba Halsey, Appellants, v. FIREMAN'S FUND INSURANCE COMPANY, a Foreign Insurer Transacting Business in the State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided May 9, 1984.

Reconsideration Denied June 29, 1984.


Attorney(s) appearing for the Case

Donald A. Greig, Portland, argued the cause for appellants. With him on brief were McClaskey & Greig, and Mark F. Stoker, Certified Law Student, Portland.

Jerald P. Keene, Portland, argued the cause for respondent. With him on brief were Hallmark, Griffith & Keating, P.C., and Roberts, Reinisch & Klor, P.C., Portland.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.


NEWMAN, Judge.

In this action for breach of an insurance agreement, plaintiffs appeal from a summary judgment for defendant. We reverse. In May, 1978, defendant issued to plaintiffs a "Farmer's and Rancher's Multigard Policy." In August, 1978, plaintiffs gave their tenant notice that his lease was terminated because of an alleged breach of the lease. In September, 1979, the tenant sued plaintiffs for $47,104 in damages plus $5,000 attorney fees for wrongful eviction...

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