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EMPIRE FIRE & MARINE v. FREMONT INDEM.

A8410-05860; CA A39879.

750 P.2d 1178 (1988)

90 Or.App. 56

EMPIRE FIRE & MARINE Insurance Company, Appellant, v. FREMONT INDEMNITY COMPANY, Respondent, and Jks, Inc., Defendant.

Court of Appeals of Oregon.

Decided March 9, 1988.

Attorney(s) appearing for the Case

Linda M. Seluzicki, Portland, argued the cause for appellant. With her on the briefs were Michael E. Haglund and Lindsay, Hart, Neil & Weigler, Portland.

James D. Case, Portland, argued the cause for respondent. On the brief were William N. Mehlhaf and Case, Dusterhoff & Mehlhaf, Portland.

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

BUTTLER, Presiding Judge.

Plaintiff, Empire Fire, brought this action against JKS, Inc., and Fremont Indemnity Company to recover insurance premiums that it claims JKS wrongfully paid to Fremont (defendant). Plaintiff appeals from a judgment for defendant on its motion for summary judgment.1

We summarize the record on summary judgment in the light most favorable to plaintiff. Seeborg v. General Motors Corporation,

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