GAGE v. ALL NATIONS INS. CO.

DC 87C-641804; CA A62062; SC S38641.

842 P.2d 784 (1992)

314 Or. 700

Matthew GAGE, an individual, Petitioner on Review, v. ALL NATIONS INSURANCE COMPANY, a foreign corporation, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided December 4, 1992.


Attorney(s) appearing for the Case

Gordon T. Carey, Jr., Portland, argued the cause and filed the petition for petitioner on review.

John Paul Graff, of Graff & O'Neil, Portland, argued the cause for respondent. With him on the responses to the petition was James G. Breathouwer, of Breathouwer, Gilman & Mortland.


VAN HOOMISSEN, Justice.

The issue in this case is whether defendant All Nations Insurance Company is liable for damage to plaintiff Gage's truck, that was caused by defendant's insured, Weitz. Defendant denied responsibility, relying on a provision in its policy that excludes liability coverage for property that its insured had "charge of." Both parties moved for summary judgment; the trial court granted defendant's motion and denied plaintiff's. The Court of Appeals...

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