FARMERS INS. v. ST. PAUL FIRE & MARINE INS.

8508 05214; CA A40356.

739 P.2d 605 (1987)

86 Or.App. 367

FARMERS INSURANCE COMPANY OF OREGON, Appellant, v. ST. PAUL FIRE and MARINE Insurance Company, Respondent.

Court of Appeals of Oregon.

Decided July 15, 1987.

Reconsiderations Denied September 25, 1987.


Attorney(s) appearing for the Case

Craig O. West, Tualatin, argued the cause and filed the briefs for appellant.

Jeffrey A. Johnson, Portland, argued the cause for respondent. With him on the brief was Cosgrave, Kester, Crowe, Gidley & Lagesen, Portland.

Before WARDEN, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.


JOSEPH, Chief Judge.

Plaintiff brought this action to obtain contribution for a loss paid for fire damage to a dwelling that both parties insured. The trial court granted defendant's motion for summary judgment and denied plaintiff's motion. Plaintiff appeals.

In February, 1983, Spotts sold land and a house to Brand by a land sale contract. Pursuant to the contract, Brand procured fire insurance from plaintiff on the building in the amount of $60,000. The...

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