City of Burns v. Northwestern Mutual Insurance

Plaintiff brought an action upon a policy of liability insurance issued to it by defendant. The trial court sustained a demurrer to plaintiff’s complaint on the ground that the complaint did not state facts sufficient to constitute a cause of action. Plaintiff appealed from an order dismissing its complaint when it failed to plead further.

The present controversy arises out of litigation previously before this court. Hovis v. City of Burns, 243 Or 607, 415 P2d 29 (1966). In that case Mrs. Hovis received a judgment against plaintiff for emotional injury caused to her, when, without her…