Empire Fire & Marine Insurance v. Fremont Indemnity Co.

Plaintiff, Empire Fire, brought this action against JKS, Inc., and Fremont Indemnity Company to recover insurance premiums that it claims JKS wrongfully paid to Fremont (defendant). Plaintiff appeals from a judgment for defendant on its motion for summary judgment.

We summarize the record on summary judgment in the light most favorable to plaintiff. Seeborg v. General Motors Corporation, 284 Or 695, 700, 588 P2d 1100 (1978). JKS was a general insurance agent licensed in Oregon and Washington. It had brokerage agreements with several insurance underwriters, including plaintiff and defendant.…