Franklin v. Safeco Insurance Co. of America

Plaintiffs brought this action against defendants First Interstate Bank of Oregon (First Interstate) and Safeco Insurance Company of America (Safeco), alleging that each of them converted two insurance drafts drawn by Safeco and payable, upon acceptance, through First Interstate, Head Office Branch, by paying them on forged indorsements. ORS 73.4190(1)(c). The first draft, for $18,568.84, was dated February 5, 1981; the second, for $2,766.91, was dated July 20, 1981. Both drafts named plaintiffs and Roy Miller as joint payees. Trial was to a jury and, at the conclusion of plaintiffs’ case,…