Riner v. Southwestern Surety Ins.
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. In Bane. Statement by Mr. Justice Harris. This is an action on an indemnity insurance policy. The Southwestern Surety Insurance Company issued its policy to E. W. Riner and E. B. Hill, who were partners doing business under the firm name of Riner & Hill and were engaged in constructing a sewer for the City of Portland.
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From Multnomah: Henry E. McGinn, Judge. In Bane. Statement by Mr. Justice Harris. This is an action on an indemnity insurance policy. The Southwestern Surety Insurance Company issued its policy to E. W. Riner and E. B. Hill, who were partners doing business under the firm name of Riner & Hill and were engaged in constructing a sewer for the City of Portland. By the terms of the policy Riner & Hill were insured against loss and expense arising from claims for damages on account of bodily injuries accidentally suffered by any employee of the insured while engaged in work on the sewer. The…
1Opinion of the CourtJustice Harris
The plaintiff takes the position that the execution and delivery of the note was a loss to him, and that the acceptance of the note and formal satisfaction of the judgment amounted to a payment within the meaning of paragraph L of the policy. The defendant contends that the delivery and acceptance of a note is not such a loss and payment as will satisfy the requirements of the contract; and, furthermore, the insurance company insists that, even though it is decided that a judgment can be paid with a note, nevertheless the plaintiff cannot prevail because: (1) The transaction was characterized…
2Cases cited34 opinions
- A. Leschen & Sons Rope Co. v. Mayflower Gold Mining & Reduction Co.Court of Appeals for the Eighth Circuit · 1909
- Sanders v. Frankfort Marine, Accident & Plate Glass InsuranceSupreme Court of New Hampshire · 1904
- Sargent v. American Bank & Trust Co.Oregon Supreme Court · 1916
- Cranston v. West Coast Life InsuranceOregon Supreme Court · 1912
- Schreyer v. Turner Flouring Co.Oregon Supreme Court · 1896
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3Cited by13 opinions
- In Re: Prudential Lines Inc.Court of Appeals for the Second Circuit · 1998
- Combs v. HuntCourt of Appeals of Virginia · 1924
- American National Bank v. KerleyOregon Supreme Court · 1923
- Luges v. WindellWashington Supreme Court · 1921
- Morford v. California Western States Life InsuranceOregon Supreme Court · 1941
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