W. J. Jones & Son, Inc. v. Columbia Casualty Co.

The coxirt below sustained a demurrer to appellant’s amended and supplemental complaint. Appellant failed to plead further, and judgment of dismissal was entered. Error is assigned on the ruling sustaining said demurrer and on the entry of said judgment. The, said amended and supplemental complaint alleged two causes of action, and the demurrer was directed separately to each.

Appellant in its first cause states the following facts: The original Independence Indemnity Company was organized in Pennsylvania and admitted to do business in the state of Oregon in October, 1922; it issued a policy of indemnity insurance to appellant on August 13, 1926, at Portland, Or.; on June 14, .1927, an accident having occurred wherein two people were injured, the appellant notified the company of such faet, whereupon the company immediately denied liability to appellant under its policy and refused to investigate or defend against these claims; later, actions were brought against the appellant by the two injured persons and judgment recovered against it, one on June 21, 1928, and the other on May 12, 1930, which judgments were immediately paid by the appellant. In July, 1928, shortly after the…