NAUMES, INC. v. LANDMARK INS. CO.

90-2494-L-1; CA A70764.

849 P.2d 554 (1993)

119 Or. App. 79

NAUMES, INC., Appellant, v. LANDMARK INSURANCE COMPANY, Respondent.

Court of Appeals of Oregon.

Decided March 31, 1993.


Attorney(s) appearing for the Case

Steven P. Pickens, Medford, argued the cause and filed the brief for appellant.

Lisa E. Lear, Portland, argued the cause for respondent. With her on the brief were Robert F. Riede and Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland.

Before RICHARDSON, C.J., and DEITS and DURHAM, JJ.


DEITS, Judge.

Plaintiff brought this action after defendant, Landmark Insurance Company (Landmark), denied that its policy covered damage to plaintiff's property when, following a severe storm, mud and debris partially buried the property. Defendant moved for summary judgment, which the trial court granted. We reverse.

In August, 1989, there was a severe rainstorm in Dinkelman Canyon, Washington, where plaintiff's property is located. An estimated 2 inches...

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