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TIMBERLINE EQUIP CO., INC. v. ST. PAUL F. & M. INS

576 P.2d 1244 (1978)

281 Or. 639

TIMBERLINE EQUIPMENT CO., Inc., a Corporation, Respondent, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Appellant, and Fred S. James & Co., of Oregon, a Corporation, Defendant.

Supreme Court of Oregon, Department 2.

Decided March 28, 1978.

Attorney(s) appearing for the Case

Jon A. Schiewe, Portland, argued the cause and filed the briefs for appellant.

Gerald R. Pullen, Portland, argued the cause and filed the brief for respondent.

Before DENECKE, C.J., TONGUE and LINDE, JJ., and GILLETTE, J. Pro Tem.

DENECKE, Chief Justice.

The plaintiff-insured recovered a judgment in this action against its insurer, the defendant St. Paul Fire and Marine Insurance Company. The trial court entered a voluntary nonsuit for the defendant Fred S. James & Co. St. Paul appeals.

The theory of the complaint is ambiguous. The most positive language in the complaint alleges that after the loss St. Paul told plaintiff it was covered and is therefore estopped to deny coverage...

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