AINSWORTH v. CINCOTTA

A7908-04152; CA A31845.

721 P.2d 455 (1986)

79 Or. App. 574

C. Donald AINSWORTH, Director of the Division of Insurance, State of Missouri, and Domiciliary Receiver for Medallion Insurance Company and Missouri General Insurance Company, Appellants, v. Richard J. CINCOTTA dba Central West Insurance Agency, A & M Insurance Agency, Abel Insurance Inc., an Oregon corporation, Harry Abel Insurance Agency, Inc., an Oregon corporation, Marney L. Allen Insurance Agency, Allison & DeBar Insurance Agency, Bales & Teater Insurance Agency, Barthelemy Insurance Agency, Bauder & Young, Inc., an Oregon corporation, Beam Colonial Insurance Agency, Beaverton Insurance Agency, Inc., an Oregon corporation, Bellwood Insurance Agency, Bennett Insurance Agency, James Scott Bernard, Berry Insurance Agency, Inc., an Oregon corporation, F.P. Bieker Insurance Agency, Bilyeu-Miller Insurance Agency, Blackaby Insurance Agency, Bowen Agency, Boyd & Company Insurance Agency, Boyer-Brehm, Inc., an Oregon corporation, Broderick Insurance, Inc., an Oregon corporation, Roy D. Brownridge, George Bucholz, Carlin Insurance Agency, James O. Carter, Central East Insurance Agency, Central Oregon, Inc., an Oregon corporation, Clackamas Insurance Agency, Clark Insurance Agency, Carl T. Clark, George J. Combs & Company, George O. Cushman Insurance Agency, Davis-Daley Insurance, Inc., an Oregon corporation, Davis-MacNab Insurance Agency, Diamond Insurance Agency, Diehl-Fullhart Agency, Don DeForest Agency, Edwards Insurance Agency, Elliott, Powell, Baden and Baker Insurance Agency, John Engle, Evergreen Insurance Agency, Howard Fidler Insurance Agency, Warren Fleming Company, Foltz-Ellis Insurance, Ford & Burkle Insurance Agency, Franklin, Goodwin, Knutson & Associates, Fraser-Yamor, Inc., an Oregon corporation, C. Norman Gail, Ben Gerry Insurance Agency, Grade & Morey Insurance, Graepel & Associates, Roger Guinette Agency, Hennessy-Kehoe, Inc., an Oregon corporation, Hillsboro Insurance Counselors, Claude Hockley, Clyde Horney Insurance Agency, Jess Howard, Dick Huddleston, Insurance Associates, Inc., an Oregon corporation, Janvrin & Company, Jensen-Hesse Agency, Jewett, Barton, Leavey & Kern, Jones Insurance Agency, Kasper Insurance Agency, Kelley Insurance Agency, David C. Kent Agency and Ward Cook Insurance Agencies, Inc., Koback & Gross Insurance Agency, Lloyd's Agency, Inc., an Oregon corporation, Lloyd's of Milwaukie—Portland Insurance, Inc., an Oregon corporation, Jack C. Lystra, Maudlin-Selisch Insurance Agency, Leroy K. McKown Company, Charles P. Mersereau, Mitchell, Marsh & Dillard, National Insurance Service, Gene Newberry Company, Nolan Insurance Service, Inc., an Oregon corporation, Oliphant & Bates, Inc., an Oregon corporation, Packouz & Steinberg, Inc., an Oregon corporation, Peterson Insurance Agency, Bill Pierce Insurance Agency, Evan Pierce Insurance Agency, the Protectors Insurance, Inc., an Oregon corporation, Lloyd Purdy & Company, Inc., an Oregon corporation, Railton Insurance Agency, Rockwood Insurance Center, Rushlow-Busch Insurance, Sailer's Insurance, Inc., an Oregon corporation, Saling-Dodd, Inc., Salem Insurance, Inc., an Oregon corporation, Sandy Insurance Agency, Sauer & Carpenter Company, Erv Schacht Insurance Agency, Gordon L. Singleton, Larry Slemp Insurance Agency, South Coast Insurance Service, Inc., an Oregon corporation, Paul Sprecher Agency, Vince Swanson, Francis Todd, Troutman, Perrin & Hale, Universal Financial Services, Inc., an Oregon corporation, Valley General Insurance Agency, C.A. Wagner Company, Lou Wilhelm, Inc., an Oregon corporation, Wilson-Heirgood Associates, Wren-Russell, Inc., an Oregon corporation, Yost Insurance Center, an Oregon corporation, Martin & Associates, Inc., an Oregon corporation, Monroe Insurance Center, Larry C. Nelson, Oregon City Insurance Agency, C.K. Otto, Robert F. Petix Insurance Agency, Poe Insurance Agency, Stout Insurance Agency, Talley Insurance Agency, Inc., an Oregon corporation, Titus-Frazee Insurance Agency, Town & Country Insurance Agency, Frank M. Verlander, Western Insurance Center, Inc., an Oregon corporation, Wyman & Martin Insurance Agency, Defendants, Insurance Counsellors, Inc., an Oregon corporation, L & R Enterprises, Ed Malone Agency, Pioneer Insurance Agency of Oregon, Inc., an Oregon corporation, Ron Rothert Insurance, Inc., an Oregon corporation, Glenn Scott Insurance Agency, Lawrence T. Usher, Inc., an Oregon corporation, Valley Insurance Agency, Wel Pland Insurance, Inc., an Oregon corporation, West Glen Insurance, Inc., an Oregon corporation, dba Valley Insurance Agency, Roy O. Young & Rendall G. Young., Respondents.

Court of Appeals of Oregon.

Decided June 4, 1986.


Attorney(s) appearing for the Case

William C. Jolley, Jr., Kansas City, Mo., argued the cause for appellant. With him on the briefs were Leslie M. Roberts, Margaret H. Leek Leiberan, and Kell, Alterman & Runstein, Portland, and Lathrop, Koontz, Righter, Clagett & Norquist, Kansas City, Mo.

William C. Martin, Portland, argued the cause for respondents. With him on the brief was Martin, Bischoff, Templeton, Biggs & Ericsson, Portland.

David J. Buono, Portland, waived oral argument for respondent Ins. Counsellors, Inc.

Ray Fechtel, Eugene, waived appearance for respondent L & R Enterprises.

David Berentson, Lake Oswego, waived oral argument for respondent Ed Malone Agency.

No appearance for respondent Pioneer Ins. Agency of Oregon, Inc.

Lon H. Bryant, Wilsonville, waived oral argument for respondent Ron Rothert Ins., Inc.

Thomas W. Brown, and Cosgrave, Kester, Crowe, Gidley & Lageson, Portland, attorneys for respondents Glenn Scott Ins. Agency and Wel Pland Ins., Inc., joined in the brief filed by William C. Martin for respondents.

Amy L. Houchen, and Meyer & Wyse, Portland, filed the brief for respondent Lawrence T. Usher, Inc.

Gerald R. Pullen, Portland, waived oral argument for respondents Valley Ins. Agency and West Glen Ins., Inc.

Harrison R. Winston, Roseburg, waived oral argument for respondents Roy O. Young & Rendall G. Young.

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


RICHARDSON, Presiding Judge.

Plaintiff, the Director of the Missouri Division of Insurance, is the domiciliary receiver of Medallion Insurance Company and Missouri General Insurance Company (hereafter "the Medallion companies" or "the companies"). The companies, incorporated and domiciled in Missouri, were declared insolvent on September 12, 1975. Defendant Cincotta, dba Central West Insurance Agency, was the companies' general agent in Oregon. The other defendants...

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