Perez v. Central Nat. Ins. Co. of Omaha
| Decision Date | 24 December 1958 |
| Citation | 332 P.2d 1066,215 Or. 107 |
| Parties | Lovie M. PEREZ, Appellant, v. The CENTRAL NATIONAL INSURANCE COMPANY OF OMAHA, a Corporation, and Roy F. Owen, Inc., a Corporation, Respondents. |
| Court | Oregon Supreme Court |
Ray G. Brown, Portland, argued the cause and filed a brief for appellant.
Joseph Larkin, Portland, argued the cause for respondents. With him on the brief were Koerner, Young, McCulloch & Dezendorf, and John Gordon, Gearin, Portland.
Before PERRY, C. J., and ROSSMAN, McALLISTER, and O'CONNELL, JJ.
The plaintiff recovered the sum of $89 for the conversion of an automobile sold without authority by the defendant the Central National Insurance Company of Omaha acting through its agent, the defendant Roy F. Owen, Inc., an insurance adjuster. The plaintiff alleged that the sale was made 'unlawfully, maliciously, and in furtherance of a scheme and a conspiracy to coerce and defraud plaintiff.' Plaintiff prayed for punitive damages in the amount of $5,000. The jury returned a verdict of $89 general damages and $750 punitive damages. A judgment was entered on the verdict. On motion of the defendants the judgment for punitive damages was set aside. The plaintiff appealed from the order modifying the judgment in this respect.
The defendant insurance company had issued a $50 deductible collision policy on the automobile. As the result of a collision the automobile was a total loss. It was placed in a commercial garage in Portland. The defendant Roy F. Owen, Inc., acting through its employee, C. L. Thompson, obtained salvage bids and eventually sold the automobile to the highest bidder for which it received a check in the amount of $166.49 payable to Roy F. Owen, Inc. This check was never cashed. No authority to sell the automobile had been given to either of the defendants.
Within a day or two after the sale the plaintiff met with Thompson to discuss settlement under the insurance policy. The plaintiff introduced evidence for the purpose of showing that at this conference Thompson attempted to obtain her signature to the settlement papers by threats that if she did not sign she would 'get in trouble,' which it is alleged referred to a matter not related to the adjustment of the loss of the automobile; that in filling out the proof of loss form Thompson did not credit plaintiff with the amount she was entitled to receive under the policy; and that this and other conduct in the settlement conference, when viewed in light...
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