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BANK OF CALIFORNIA v. LIVINGSTON

A8104-02360; A26565.

672 P.2d 386 (1983)

65 Or.App. 743

The BANK OF CALIFORNIA, N.A., a National Banking Association, Respondent, v. Gene LIVINGSTON, Kenneth Coe, Defendants, The Insurance Company of the State of Pennsylvania, Appellant.

Court of Appeals of Oregon.

Decided November 30, 1983.

Attorney(s) appearing for the Case

Jonathan M. Hoffman, Portland, argued the cause for appellant. With him on briefs was Martin, Bischoff, Templeton, Biggs & Ericsson, Portland.

John A. Shelley, Portland, argued the cause for respondent. With him on brief was Black, Helterline, Beck & Rappleyea, Portland.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

WARDEN, Judge.

This is an action for recovery under a Breach of Warranty endorsement (BOW) on an insurance policy covering an airplane. Plaintiff sought to recover $243,419.92 from defendants. Plaintiff and The Insurance Company of the State of Pennsylvania (Company) filed cross-motions for summary judgment. The trial court granted plaintiff's motion, denied Company's motion and entered judgment for plaintiff.1 We reverse.

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