FLEMING v. UNITED SERVICES AUTO. ASS'N

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

996 P.2d 501 (2000)

330 Or. 62

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

Supreme Court of Oregon, En Banc.

Decided March 3, 2000.


Attorney(s) appearing for the Case

Lisa E. Lear and S. Joel Wilson, of Bullivant Houser Bailey, Portland, filed the petition for petitioner on reconsideration.

No appearance contra.

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

John H. Holmes and William D. Okrent, of Holmes & Rickles, Portland, filed a brief for amici curiae National Association of Independent Insurers, Alliance of American Insurers, and American Insurance Association.

Philip Schradle, Christine A. Chute, and Kathleen Dahlin, Assistant Attorneys General, Salem, filed a brief for amicus curiae Department of Consumer and Business Services. With them on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Natalie L. Hocken, of Heller Ehrman White & McAuliffe, LLP, Portland, filed a brief for amicus curiae State Farm Fire and Casualty Insurance Company.

Thomas M. Christ, of Mitchell, Lang & Smith, and Thomas W. Brown, of Cosgrave, Vergeer & Kester LLP, Portland, filed a brief for amici curiae Mutual of Enumclaw Insurance Company, Grange Mutual Insurance Company, Oregon Mutual Insurance Company, North Pacific Insurance Company, and Oregon Automobile Insurance Company.

Mark L. Zipse, of Cavanagh & Zipse, and Priscilla F. Slocum, of Early, Maslach, Price & Baukol, Portland, filed a brief for amici curiae Farmers Insurance Company of Oregon, Farmers Insurance Exchange, Truck Insurance Exchange, and Mid-Century Insurance Exchange.


LEESON, J.

Petitioner United Services Automobile Association (USAA), supported by several amici curiae, petitions for reconsideration of this court's decision in Fleming v. United Services Automobile Assn., 329 Or. 449, 988 P.2d 378 (1999). We allow the petition for reconsideration, modify our earlier decision, and remand the case to the Court of Appeals for further proceedings.

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