FLEMING v. UNITED SERVICES AUTOMOBILE ASSN.

(CC 9312-08128; CA A86826; SC S44805)

988 P.2d 378 (1999)

329 Or. 449

Terry FLEMING, Petitioner on Review, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, a foreign corporation, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided November 4, 1999.


Attorney(s) appearing for the Case

William A. Drew, of Bonaparte, Elliott, Ostrander & Preston, P.C., Portland, argued the cause for petitioner on review. With him on the briefs was Robert E.L. Bonaparte.

Lisa E. Lear, of Bullivant Houser Bailey, Portland, argued the cause and filed the brief for respondent on review.

Christopher A. Rycewicz, of Rycewicz & Chenoweth, P.C., Portland, filed a brief for amicus curiae United Policyholders. With him on the briefs were Brian D. Chenoweth and Paul Desrochers and John A. MacDonald of Anderson Kill & Olick, P.C., Philadelphia, Pennsylvania.

James E. Horne, of Peery, Hiscock, Pierson, Kingman & Peabody, PS, Seattle, Washington, filed a brief for amicus curiae Insurance Environmental Litigation Association.

Phil Goldsmith, Portland, filed a brief for amicus curiae Oregon Trial Lawyers Association. With him on the brief was David Nathan Allen, of Macpherson, Gintner, Gordon & Diaz, Newport.

William D. Okrent, of Holmes & Rickles, Portland, filed a brief for amicus curiae National Association of Independent Insurers. With him on the brief was John H. Holmes.


LEESON, J.

The issue in this case is whether plaintiff is entitled to insurance coverage for loss to his property caused by the clandestine operation of an illegal methamphetamine laboratory. A jury found that plaintiff was entitled to coverage. The Court of Appeals reversed. Fleming v. United Services Automobile Assn., 144 Or.App. 1, 925 P.2d 140 (1996). We allowed plaintiff's petition...

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