Opinion

Lamb-Weston, Inc. v. Oregon Automobile Insurance

  • 219 Or. 110
  • 346 P.2d 643
  • 341 P.2d 110
  • 76 A.L.R. 2d 485
  • 1959 Ore. LEXIS 346
Court
Oregon Supreme Court
Filed
Jun 24, 1959
Status
Published
On the bench
McAllister, Rossman, Lusk, Warner, Perry, Crawford
Cited by
214 cases

explaining that “the burden imposed on each insurer is generally proportional to the benefit which he received, since the size of the premium is most always directly related to the size of the policy”

How later courts described this case

  • explaining that “the burden imposed on each insurer is generally proportional to the benefit which he received, since the size of the premium is most always directly related to the size of the policy”
  • explaining that pro rata contribution “can easily be justified on an unjust enrichment basis”
  • identifying, as the “controlling principle: when there is a loss which should be shared, the respective shares will be determined by considering the benefits which accrued to the contributors”
  • irreconcilable “other insurance” clauses, regardless of nature of clause, were repugnant and each was rejected in toto

Written by the judges who cited it.

The opinion

ON REHEARING

*130 Helm & Neely, La Grande, Minnick & Halmer and James B. Mitchell, Walla Walla, Washington, and Rhoten, Rhoten & Speerstra, Salem, for the respondents.

Fabre, Collins & Kottkamp, Pendleton, for the appellant.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.