Chalmers v. OREGON AUTOMOBILE INSURANCE COMPANY

This is an action on an insurance policy to recover for a loss of personal property by theft from premises contended by plaintiffs to be covered by the policy as a “temporary residence” then in “actual use” by them. The case was submitted for decision by the court without a jury on stipulated facts. Plaintiffs appeal from a judgment in favor of defendant based upon a “finding of fact” that the theft occurred at a time when the premises were not in “actual use” by the insured as a “temporary residence.” We reverse.

The stipulated facts include the following:

“1. Plaintiff Raymond Chalmers was…