FLEMING v. UNITED SERVICES AUTO. ASS'N

9312-08128; CA A86826.

925 P.2d 140 (1996)

144 Or. App. 1

Terry FLEMING, Respondent, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, a foreign corporation, Appellant.

Court of Appeals of Oregon.

Decided October 9, 1996.


Attorney(s) appearing for the Case

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

Robert E.L. Bonaparte, Portland, argued the cause for respondent. With him on the brief was Bonaparte, Elliott & Ostrander, P.C.

Before DEITS, P.J., and De MUNIZ and ARMSTRONG, JJ.


DEITS, Presiding Judge.

Defendant, United Services Automobile Association, is the insurer of residential rental property of which plaintiff Fleming is a part owner. Plaintiff brought this action on the insurance policy after defendant refused coverage for chemical damage that resulted from the operation of a methamphetamine laboratory on the rented property. Defendant based its refusal, in part, on the "pollution exclusion" in its policy. But see note 1. The...

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