FENTER v. GENERAL ACCIDENT FIRE & LIFE ASSUR. CORP.


484 P.2d 310 (1971)

Lee FENTER, Appellant, v. GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION LTD., Respondent.

Supreme Court of Oregon.

Decided April 28, 1971.


Attorney(s) appearing for the Case

Michael O. Whitty, Coos Bay, argued the cause and filed a brief for appellant.

Paul L. Roess, Coos Bay, argued the cause for respondent. On the brief were McKeown, Newhouse & Johansen and John Foss, Coos Bay.

Before McALLISTER, P.J., and DENECKE, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.


McALLISTER, Justice.

This is an action on a policy of fire insurance. The trial court sustained a demurrer to the complaint and, when plaintiff failed to plead further, entered judgment for defendant. Plaintiff appeals. The only issue is whether the complaint adequately alleged that plaintiff had an insurable interest in the insured property on the date of the fire.

The following facts were alleged in the complaint and admitted by the demurrer. Prior to August...

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