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ST. PAUL FIRE & MARINE v. CONTINENTAL CAS.

(9004-02148; CA A67004).

827 P.2d 1366 (1992)

112 Or.App. 209

ST. PAUL FIRE and MARINE Insurance Company, a Minnesota Corporation, Appellant, and Grande Ronde Hospital, Inc., an Oregon Non-Profit Corporation, Plaintiff, v. CONTINENTAL CASUALTY COMPANY, an Illinois Corporation, Respondent, and Norma Follett, Defendant.

Court of Appeals of Oregon.

Decided March 25, 1992.

Attorney(s) appearing for the Case

Martin W. Jaqua, Portland, argued the cause for appellant. With him on the brief were John H. Holmes and Holmes & Folawn, Portland.

Lindsey H. Hughes, Portland, argued the cause for respondent. With her on the brief was Hallmark, Keating & Abbott, Portland.

Before RICHARDSON, P.J., and DEITS and DURHAM, JJ.

DURHAM, Judge.

St. Paul Fire and Marine Insurance Company (plaintiff) appeals from a judgment dismissing its complaint for failure to state ultimate facts constituting a claim. ORCP 21 A(8). Whether the complaint states a claim is a question of law. We treat as true the allegations in it and any inferences favorable to plaintiff that may be drawn. Machunze v. Chemeketa Community College, 106 Or.App. 707, 712,

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