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BENNETT v. FARMERS INS. CO.

9308-05432; CA A89477.

945 P.2d 595 (1997)

150 Or. App. 63

Darrell A. BENNETT, Appellant, v. FARMERS INSURANCE COMPANY OF OREGON, an Oregon corporation; Farmers Insurance Exchange; Truck Insurance Exchange; Fire Insurance Exchange; Mid-Century Insurance Company; Farmers New World Life Insurance Company; and Farmers Group, Inc., aka Farmers Underwriters Association, Respondents.

Court of Appeals of Oregon, In Banc.

Resubmitted September 4, 1997.

Decided September 17, 1997.

Attorney(s) appearing for the Case

Marc Zwerling, Portland, argued the cause for appellant. With him on the briefs were Ridgway K. Foley, Jr., Gary J. Lekas and Foley & Duncan.

James N. Westwood, Portland, argued the cause for respondents. With him on the brief were Craig D. Bachman, Miller, Nash, Wiener, Hager & Carlsen and Lane Powell Spears Lubersky.

Resubmitted In Banc September 4, 1997.

EDMONDS, Judge.

Plaintiff appeals after the trial court granted judgments notwithstanding the verdict (JNOV) and, alternatively, a motion for a new trial, ORCP 63 C, on breach of contract, breach of fiduciary duty, and breach of duty of good faith and fair dealing claims. ORCP 63 C. After a two-month jury trial, the jury returned verdicts in favor of plaintiff for $3.5 million for breach of contract against all contracting...

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