Opinion

Allegretto v. Oregon Automobile Insurance

  • 140 Or. 538
  • 13 P.2d 647
  • 1932 Ore. LEXIS 61
Court
Oregon Supreme Court
Filed
Jun 30, 1932
Status
Published
Author
Belt
On the bench
Belt, Bean, Brown, Campbell
Cited by
32 cases
Authority
More cited than 97.8%

Overruled in part, on other grounds by Bailey v. Universal Underwriters Insurance Co., 258 Or. 201 (1970)

Later courts went against this

  • Overruled in part, on other grounds by Bailey v. Universal Underwriters Insurance Co., 258 Or. 201 (1970)

    140 Or 538, 13 P2d 647 (1932), overruled on other grounds Bailey v. Universal Underwriters Ins., 258 Or 201, 219, 474 P2d 746, 482 P2d 158 (1970), the Supreme Court held that, when the insured had breached the insurance contract by failing to cooperate in the defense of the original damage action and thereby forfeited his rights under the policy, the injured party had no rights under the policy.
    Oregon Supreme CourtSep 23, 19702 citing opinionsother groundsin partRead it

Distinguished

  • Distinguished by Farmers Insurance v. Stockton, 112 Or. App. 120 (1992)

    The court held that the victim was precluded from recovering on the insurance contract, because her right could not be greater than Harris’ rights under the contract, and he had none. 140 Or at 545. Allegretto is inapposite to this case, because it had nothing to do with a default or issue preclusion.
    Court of Appeals of OregonMar 11, 1992Read it

The opinion

On Motion to Dismiss Appeal

BELT, J.

Bespondent contends that the appeal should be dismissed for the reason that there has been a violation of Bule 10 of the Supreme Court which provides in part as follows:

“ Points and authorities shall follow each assignment of error or proposition of law. Not exceeding five adjudicated cases should be cited under any particular point. Names of the parties and the volume and page of the case reported shall be stated. In citing textbooks, the edition, together with the number of the volume, page or section shall be given. Care should be used in the selection of cases cited. There is much waste of time in reading cases not in point.”

While there has been a clear violation of the above rule, we think this is not a ground for dismissal of the appeal. A motion to strike the brief from the files would have been a more appropriate remedy. Even had such motion been made, its disposition would rest in the discretion of the court.

The motion to dismiss is denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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