BENNETT v. FARMERS INS. CO.

(CC 9308-05432; CA A89477; SC S45229 (Control), S45240).

26 P.3d 785 (2001)

332 Or. 138

Darrell A. BENNETT, Petitioner/Respondent on Review, v. FARMERS INSURANCE COMPANY OF OREGON, an Oregon corporation; Farmers Insurance Exchange; Truck Insurance Exchange; Fire Insurance Exchange; Mid-Century Insurance Company; Farmers New World Life Insurance Company; and Farmers Group, Inc., aka Farmers Underwriters Association, Respondents/Petitioners on Review.

Supreme Court of Oregon.

Decided June 1, 2001.


Attorney(s) appearing for the Case

Marc Zwerling, Portland, argued the cause for petitioner/respondent on review. With him on the briefs were Gary J. Lekas, P.C., and Jacqueline L. Koch, Portland.

James N. Westwood, of Miller, Nash, Wiener, Hager & Carlsen, LLP, Portland, argued the cause for respondents/petitioners on review. With him on the briefs were William H. Walters (Miller, Nash) and Craig D. Bachman, of Lane Powell Spears Lubersky, Portland.

Phil Goldsmith, John Paul Graff, and Richard S. Yugler, Portland, filed a brief for amicus curiae Oregon Trial Lawyers Association.

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


KULONGOSKI, J.

Plaintiff brought this action against Farmers Insurance Companies (Farmers)1 and Farmers's management company, Farmers Group, Inc. (FGI) (collectively, "defendants"), after Farmers terminated plaintiff's district manager appointment agreement. Plaintiff alleged tort claims for breach of fiduciary duty and breach of the duty of good faith and fair dealing against Farmers and FGI, and a claim for breach of contract against...

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