C.I.S. Northwest, Inc. v. Berjac of Portland, Inc.

Plaintiff, an insurance broker, brought this action against defendant, an insurance premium financing company, to recover money that it had paid to defendant pursuant to defendant’s demand under ORS 746.515. The trial court dismissed the complaint for failure to state ultimate facts sufficient to constitute a claim. ORCP 21A(8). We reverse.

We assume that the facts pleaded in plaintiffs complaint are true. Sommerfeldt v. Trammell, 74 Or App 183, 187, 702 P2d 430 (1985). The complaint alleges that Trans-Carrier Insurance Agency requested plaintiff to locate insurance companies that would…