FLEMING v. UNITED SERVICES AUTO. ASS'N

(9312-08128; CA A86826)

10 P.3d 297 (2000)

169 Or. App. 371

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

Court of Appeals of Oregon.

Decided August 30, 2000.


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, Chief Judge, and De MUNIZ and ARMSTRONG, Judges.


DEITS, C.J.

This action on a homeowner's insurance policy arose out of property damages that the plaintiff insured claims to have suffered as a result of his tenant's use of the house as a methamphetamine laboratory. As we first considered this case, the defendant insurer appealed from a judgment on a jury verdict in plaintiff's favor. We held that plaintiff was not entitled to recover under the terms of the policy, as a matter of law, and reversed the judgment. ...

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