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GENERAL MOTORS v. NATIONWIDE MUT.

89C-699754; CA A66337.

816 P.2d 704 (1991)

108 Or.App. 601

GENERAL MOTORS Acceptance Corporation, a New York Corporation, Appellant, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, an Ohio Corporation, Respondent.

Court of Appeals of Oregon.

Decided September 4, 1991.

Attorney(s) appearing for the Case

David R. Maier, Portland, argued the cause for appellant. With him on the brief was Hutchinson, Hooper & Maier, Portland.

Cynthia A. Croft, Portland, argued the cause for respondent. With her on the brief was MacMillan & Scholz, P.C., Portland.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

WARREN, Presiding Judge.

Plaintiff had a security interest in Robinson's vehicle. Robinson insured the vehicle with defendant, naming plaintiff as the loss payee. In 1989, Robinson was involved in an automobile accident, and the vehicle was damaged beyond repair. He settled with the tortfeasor and signed a full release. He did not notify defendant of the accident and did not apply the proceeds of the settlement to his debt with plaintiff. Plaintiff repossessed the...

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