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FRANKLIN v. SAFECO INS. CO. OF AMERICA

33641; CA A33899.

721 P.2d 874 (1986)

80 Or. App. 183

Kendall FRANKLIN and Elsie Franklin, husband and wife, Appellants, v. SAFECO INSURANCE COMPANY OF AMERICA, a corporation; and First Interstate Bank of Oregon, N.A., formerly First National Bank of Oregon, a national banking association, Respondents, Mark F. Farstvedt and Bill E. Moore, dba Sage Insurance Center, Defendants.

Court of Appeals of Oregon.

Decided July 2, 1986.

Attorney(s) appearing for the Case

Steven J. Pierce, Ontario, argued the cause and filed the briefs for appellants.

William M. Holmes, Bend, argued the cause for respondent Safeco Ins. Co. of America. With him on the brief was Gray, Fancher, Holmes & Hurley, Bend.

Martin E. Hansen, Bend, argued the cause for respondent First Interstate Bank of Oregon, N.A. With him on the brief was Johnson, Marceau, Karnopp & Petersen, Bend.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Plaintiffs brought this action against defendants First Interstate Bank of Oregon (First Interstate) and Safeco Insurance Company of America (Safeco), alleging that each of them converted two insurance drafts drawn by Safeco and payable, upon acceptance, through First Interstate, Head Office Branch, by paying them on forged indorsements. ORS 73.4190(1)(c). The first draft, for $18,568.84, was dated February 5, 1981; the second, for $2,766...

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