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MINNESOTA BOND v. ST. PAUL MERCURY INS. CO.

31205; CA A27859.

695 P.2d 579 (1985)

72 Or.App. 187

MINNESOTA BOND Ltd., Dba All-Ways Hair & Care Port, an Oregon Corporation, Respondent, v. ST. PAUL MERCURY INSURANCE COMPANY, a Minnesota Corporation, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted November 7, 1984.

Decided February 13, 1985.

Attorney(s) appearing for the Case

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

Jeffrey A. Bowersox, Bend, argued the cause for respondent. With him on brief was Coyner & Associates, Bend.

Resubmitted In Banc November 7, 1984.

ROSSMAN, Judge.

Insurer appeals from a judgment entered in favor of the insured under a fire insurance contract, claiming that arson and misrepresentation by the insured's 50 percent shareholder, officer and director bars any recovery for the losses after the fire.1 We disagree and accordingly affirm.

Plaintiff, Minnesota Bond Ltd., is an Oregon corporation and the named insured in...

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