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MONTEE v. STATE FARM FIRE AND CAS. CO.

CV87-115; CA A47580.

782 P.2d 435 (1989)

99 Or.App. 401

Charles R. MONTEE and Christine A. Montee, Husband and Wife, Appellants, v. STATE FARM FIRE AND Casualty Company, a Corporation, Respondent, and Douglas M. Doyle, Defendant.

Court of Appeals of Oregon, In Banc.

Decided November 15, 1989.

Resubmitted September 7, 1989.

Attorney(s) appearing for the Case

Leeroy O. Ehlers, Pendleton, argued the cause and filed the briefs, for appellants.

J. Philip Parks, Salem, argued the cause and filed the brief, for respondent.

Resubmitted In Banc September 7, 1989.

RICHARDSON, Judge.

Plaintiffs brought this action on a homeowner's insurance policy, issued by defendant,1 to recover for physical damage to their house. The trial court granted defendant's motion for summary judgment, and plaintiffs appeal from the resulting judgment.2 We affirm.

On February 23, 1986, during the policy period, plaintiffs saw a crack in...

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