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CALLAWAY v. SUBLIMITY INS. CO.

9101-00207; CA A73082.

858 P.2d 888 (1993)

123 Or. App. 18

Donald F. CALLAWAY and Linda L. Callaway, Respondents, v. SUBLIMITY INSURANCE COMPANY, an Oregon corporation, Appellant.

Court of Appeals of Oregon.

Decided September 1, 1993.

Attorney(s) appearing for the Case

J. Phillip Parks, Salem, argued the cause, for appellant. With him on the briefs, were Billy M. Sime and Parks, Bauer & Sime, Salem.

Michael S. Joseph, Portland, argued the cause, for respondents. With him on the brief was Donald K. Robertson & Associates, Portland.

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

WARREN, Presiding Judge.

In this action for breach of an insurance contract, defendant Sublimity Insurance Company (Sublimity) appeals a judgment for plaintiffs entered after the trial court denied its motion for a directed verdict. We reverse.

In October, 1989, plaintiffs bought a used 1989 Ford pickup and had it insured by Sublimity against losses, including theft loss. The truck was stolen in February, 1990. After Sublimity denied plaintiffs' claim for...

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