MOORE v. MUTUAL OF ENUMCLAW INS. CO.

9102-00723; CA A71176.

833 P.2d 1310 (1992)

113 Or. App. 574

Kenneth MOORE, Appellant, v. MUTUAL OF ENUMCLAW INSURANCE COMPANY, Respondent.

Court of Appeals of Oregon.

Decided June 24, 1992.

Reconsideration Allowed November 4, 1992.


Attorney(s) appearing for the Case

Robert E.L. Bonaparte, Portland, argued the cause for appellant. With him on the briefs were Michael J. Gentry and Tooze, Shenker, Holloway & Duden, Portland.

Thomas M. Christ, Portland, argued the cause for respondent. With him on the brief was Mitchell, Lang & Smith, Portland.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.


EDMONDS, Judge.

Plaintiff appeals from a summary judgment in favor of defendant insurer. ORCP 47. He argues that there is an issue of material fact as to whether defendant waived its right to rely on the policy limitation period for filing an action. We reverse.

Plaintiff owns a house that is insured under a fire insurance policy issued by defendant. In July, 1989, he rented the home to Pixler for approximately four...

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