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NORTHWEST FARM BUREAU INS. CO. v. ALTHAUSER

85-3-336; CA A42835.

750 P.2d 1166 (1988)

90 Or.App. 13

NORTHWEST FARM BUREAU INSURANCE COMPANY, a Corporation, Respondent, v. Glenn A. ALTHAUSER and Grace M. Althauser, Husband and Wife, Appellants, and Pacific Western Bank, a Corporation, Central Billing Bureau, Inc., a Corporation, Clackamas County Bank, State of Oregon, Department of Revenue, Gresham Co-Operative, Montgomery Ward, a Corporation, Investigators, Inc., a Corporation, and Capital Credit & Collections Service, Inc., a Corporation, Defendants.

Court of Appeals of Oregon, En Banc.

Decided March 9, 1988.

Attorney(s) appearing for the Case

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

I. Franklin Hunsaker, Portland, argued the cause for respondent. With him on the brief were Douglas G. Houser, Lori R. Metz and Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland.

Before WARDEN, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

JOSEPH, Chief Judge.

This is a foreclosure action. Northwest Farm Bureau Insurance (plaintiff) issued the Althausers (defendants)1 a homeowners' insurance contract which included fire insurance coverage and mortgagee protection. After a fire, plaintiff paid the mortgagees. Plaintiff claims that it is subrogated to the mortgagees' rights, because its contract with defendants was made void by defendants...

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