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TALBERT v. FARMERS INS. EXCHANGE

(95CV0172AB; CA A96591)

5 P.3d 610 (2000)

166 Or. App. 599

Jeff TALBERT, Appellant—Cross-Respondent, v. FARMERS INSURANCE EXCHANGE, a California corporation, Truck Insurance Exchange, a California corporation, Fire Insurance Exchange, a California corporation, Farmers New World Life Insurance Company, a Washington corporation, Farmers Insurance Company of Oregon, an Oregon corporation all known as Farmers Insurance Group of Companies, and Mike Chase, Respondents—Cross-Appellants.

Court of Appeals of Oregon, En Banc.

Resubmitted October 13, 1999.

Decided April 19, 2000.

Attorney(s) appearing for the Case

Hank McCurdy argued the cause for appellant—cross-respondent. With him on the briefs was Dobbins McCurdy & Yu, LLP.

Thomas W. Sondag, Portland, argued the cause for respondents—cross-appellants. With him on the briefs was Lane Powell Spears Lubersky LLP.

Before DEITS, Chief Judge, and EDMONDS, De MUNIZ, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, KISTLER, and BREWER, Judges.

Resubmitted En Banc October 13, 1999.

LANDAU, J.

Plaintiff appeals a judgment in his favor for fraud. He assigns error to the trial court's allowance of defendants' motion for a directed verdict as to his prayer for punitive damages. Defendants move to dismiss the appeal on the ground that plaintiff already has executed a satisfaction of judgment on the fraud claim and therefore is precluded from putting that judgment at risk in this appeal. Defendants also...

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