Avrit v. Forest Industries Insurance Exchange

Plaintiffs appeal from a judgment entered after the trial court granted defendants’ motions to dismiss the first amended complaint on the ground that it failed to state ultimate facts sufficient to constitute a claim. ORCP 2lA(8). We determine that the allegations are sufficient and reverse.

The amended complaint contains two alternative claims: either defendant Forest Industries Insurance Exchange (Forest Industries) breached a contract of insurance or defendant Jack Barber Insurance Agency (Barber Insurance) and its agent and employe defendant Linda Barber negligently failed to obtain the…