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AMERICAN FEDERAL SAVINGS v. RICE

82-1105; CA A31312.

711 P.2d 150 (1985)

76 Or.App. 635

AMERICAN FEDERAL SAVINGS and Loan Association and Far West Federal Savings and Loan Association, Plaintiffs, v. Rebecca L. RICE; John C. Pinkstaff; and Gecc Financial Services, Defendants, and Larry C. Rice, Defendant and Third Party Plaintiff and Respondent, v. Safeco Insurance Company of America, Third Party Defendant and Appellant, and Bill Wright, Third Party Defendant.

Court of Appeals of Oregon.

Decided December 4, 1985.

Attorney(s) appearing for the Case

Donald J. Friedman, Portland, argued the cause for appellant. With him on briefs were William Larkins, Jr., and Black, Tremaine, Lankton, Krieger & Schmeer, Portland.

James H. Gidley, Portland, argued the cause for respondent. With him on brief were Michael J. Scott and Furrer & Scott, Tigard, and Cosgrave, Kester, Crowe, Gidley & Lageson, Portland.

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

WARDEN, Judge.

This action originated as one on a promissory note and for judicial foreclosure of a real property mortgage, on the basis of an alleged failure of Larry and Rebecca Rice (defendants in that action) to make the mortgage payments. Larry Rice brought a third party action against Safeco Insurance Company for damages for breach of a contract of fire insurance on the property, which resulted in a jury verdict and judgment in favor of Rice for $56,000. Safeco...

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