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

TC 86-0169; CA A42700.

762 P.2d 1048 (1988)

93 Or.App. 457

THE ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a Minnesota Corporation, Respondent, v. VALLEY INSURANCE COMPANY, a California Corporation, Appellant.

Court of Appeals of Oregon.

Decided October 19, 1988.

Attorney(s) appearing for the Case

Thomas D. Adams, Portland, argued the cause for appellant. With him on the briefs were I. Franklin Hunsaker, Jeremy E. Zuck, and Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland.

Patrick J. Kouba, Eugene, argued the cause for respondent. On the brief were Darst B. Atherly and Atherly, Butler & Burgott, Eugene.

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

NEWMAN, Judge.

Defendant appeals a judgment of $26,350.76 for plaintiff in its action for contribution from defendant. That sum is one-half of the amount that plaintiff paid to its insured, Smith, for fire damage to her home. Defendant assigns as errors that the court denied its motion for summary judgment1 and entered judgment for plaintiff after trial. We affirm.

Defendant argues that the court erred because, before the loss...

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