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OAK CREST CONST. CO. v. AUSTIN MUT. INS.

(CC 93C13423; CA A84861; SC S42855).

998 P.2d 1254 (2000)

320 Or. 620

OAK CREST CONSTRUCTION COMPANY, Petitioner on Review, v. AUSTIN MUTUAL INSURANCE COMPANY, a Minnesota corporation, Respondent on Review.

Supreme Court of Oregon.

Decided February 17, 2000.

Attorney(s) appearing for the Case

J. Michael Alexander, of Burt, Swanson, Lathen, Alexander, McCann & Smith, Salem, argued the cause and filed the brief for petitioner on review.

Carl Amala, of Harris, Wyatt & Amala, Salem, argued the cause and filed the brief for respondent on review.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM, and KULONGOSKI, Justices.

GILLETTE, J.

This is an action for breach of a standard commercial liability insurance contract. Plaintiff, a general contractor, filed the action when its insurer refused to reimburse it for the cost of removing and replacing a subcontractor's painting work that had been applied during the construction of a custom home and had failed to cure properly. The trial court granted the insurer's motion for summary judgment. The Court of Appeals affirmed, holding that plaintiff...

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