C.I.S. Northwest, Inc. v. Berjac of Portland, Inc.

• Jurisdiction: Oregon
• Parties: C.I.S. NORTHWEST, INC., Appellant, v. BERJAC OF PORTLAND, INC., Respondent. A8501-00356; CA A38096. . On Respondent's Petition for Reconsideration
• Citation: 747 P.2d 406,89 Or.App. 117
• Court: Oregon Court of Appeals
• Decision Date: 04 November 1987

Page 406

747 P.2d 406

89 Or.App. 117

C.I.S. NORTHWEST, INC., Appellant, v. BERJAC OF PORTLAND, INC., Respondent.

A8501-00356; CA A38096.

Court of Appeals of Oregon.

On Respondent's Petition for Reconsideration Nov. 4, 1987; on Appellant's Response to Petition for Reconsideration Nov. 20, 1987.

Decided Dec. 30, 1987.

Reconsideration Denied Feb. 12, 1988.

Jeffrey M. Kilmer, James P. Laurick and Allen, Kilmer, Schrader, Yazbeck & Chenoweth, P.C., Portland, for petition.

George W. McLean, Jr., Seattle, Wash., for response.

Before BUTTLER, P.J., JOSEPH, C.J., and ROSSMAN, J.

BUTTLER, Presiding Judge.

In its petition for reconsideration, Berjac argues that we construed ORS 744.165(1) too narrowly when we concluded that that statute does not create an agency for the payment of premiums. Because we believe that we may have said more than was necessary to decide that issue, we allow the petition.

Even if ORS 744.165(1) creates an agency for the purpose of receiving insurance premiums, Berjac was not entitled to rely on the continuing existence of that relationship after it had received notice that Trans-Carrier did not have authority to collect the premiums for plaintiff. Cascade Warehouse v. Dyer, 256 Or. 377, 471 P.2d 775, 474 P.2d 325 (1970); see Seiders v. Hefner, 89 Or.App. 55, 747 P.2d 1003 (1987). With that clarification, we adhere to our former opinion, 87 Or.App. 233, 742 P.2d 618 (1987).

Petition for reconsideration allowed;...