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FARMERS INS. CO. v. TRUTANICH

9002-01206; CA A68108.

858 P.2d 1332 (1993)

123 Or. App. 6

FARMERS INSURANCE COMPANY OF OREGON, a corporation, Appellant, v. Daniel M. TRUTANICH, Respondent.

Court of Appeals of Oregon.

Decided September 1, 1993.

Attorney(s) appearing for the Case

Lisa E. Lear, Portland, argued the cause for appellant. With her on the briefs were S. Joel Wilson and Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland.

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

Stephen D. Marcus, Imelda Terranzino and Claussen Miller Gorman Caffrey & Witous, P.C., Chicago, IL, and Jeffrey V. Hill and Zarosinski & Hill, Portland, filed a brief amicus curiae for Insurance Environmental Litigation Ass'n.

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

WARREN, Presiding Judge.

In this civil action, plaintiff Farmers Insurance Company (Farmers) sought a declaration that a homeowner's insurance policy it issued to defendant Trutanich does not cover defendant's losses. Defendant counterclaimed for breach of the insurance contract and intentional infliction of emotional distress.

In November, 1988, defendant purchased a house and had it insured by Farmers with an all...

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