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HANSEN v. WESTERN HOME INS. CO.

A8502-01088; CA A39493.

747 P.2d 1007 (1987)

89 Or.App. 68

Winifred V. HANSEN, Appellant, v. WESTERN HOME INSURANCE COMPANY, a Minnesota Corporation, Respondent, and Donald A. Cameron, Dba Donald A. Cameron Agency, Defendant.

Court of Appeals of Oregon.

Decided December 23, 1987.

Attorney(s) appearing for the Case

Lee Aronson, Portland, for appellant; With him on briefs, were Martin Jaqua and Holmes, DeFrancq & Schulte, P.C., Portland.

I. Franklin Hunsaker, Portland, for respondent; With him on brief, were John W. Buehler and Bullivant, Houser, Bailey, Hanna, Pendergrass, Hoffman, O'Connell & Goyak, Portland.

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

NEWMAN, Judge.

Plaintiff appeals a judgment for defendant Western Home Insurance Company1 in her action for damages for breach of contract and fraud. She assigns as error the court's dismissal of her claims for failure to state sufficient ultimate facts. ORCP 21 A(8). We reverse.

We take as true the facts as plaintiff alleged them. In October, 1978, she asked Cameron, defendant's agent, to procure homeowner's insurance for her...

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