Clapp v. Orix Credit Alliance, Inc.

This is an action for money had and received arising from the insured loss of a vehicle in a secured transaction. On appeal, plaintiff assigns error to the trial court’s denial of her motion for summary judgment and its grant of the cross-motion for summary judgment of defendant Orix Credit Alliance, Inc. (Orix). We review the summary judgment record to determine whether there are any genuine issues of material fact and whether either moving party is entitled to judgment as a matter of law. ORCP 47 C; Jones v. General Motors Corp., 325 Or 404, 420, 939 P2d 608 (1997). We reverse and remand.

The…