MOLODYH v. TRUCK INS. EXCHANGE

149,522; CA A33853.

714 P.2d 257 (1986)

77 Or.App. 619

Maximo MOLODYH, Appellant, v. TRUCK INSURANCE EXCHANGE, a California Corporation; and Farmers Insurance Company of Oregon, an Oregon Corporation, Respondents.

Court of Appeals of Oregon.

Decided February 12, 1986.


Attorney(s) appearing for the Case

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

I. Franklin Hunsaker, Portland, argued the cause for respondents. With him on the brief were James L. Knoll, Michael R. Seidl and Bullivant, Houser, Bailey, Hanna, Pendergrass, Hoffman, O'Connell & Goyak, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


BUTTLER, Presiding Judge.

In this action on a fire insurance policy, plaintiff, the insured, appeals from a judgment for defendants, the insurers, following the granting of defendants' motion for summary judgment. He contends that ORS 743.648 unconstitutionally deprives him of his right to jury trial as guaranteed by Article I, section 17, of the Oregon Constitution. The statute provides:

"A fire insurance policy shall contain a provision as follows: `In...

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