Ferguson v. Birmingham Fire Insurance Company

This is an appeal from a judgment dismissing the complaint of Helen L. Ferguson, executrix of the estate of Thomas E. Ferguson in which she sought damages under an insurance policy issued by defendant Birmingham Fire Insurance Company.

The parties filed an agreed narrative statement of the proceedings pursuant to ORS 19.088.

Mr. Ferguson purchased from defendant company a policy insuring him in the following terms (among others):

“Coverage L — Personal Liability: [Insurer agrees] To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because…