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KOCH v. SPANN

002088; A119099.

92 P.3d 146 (2004)

193 Or. App. 608

Robert J. KOCH, Appellant, v. Stefan O. SPANN, Respondent.

Court of Appeals of Oregon.

Decided June 9, 2004.

Attorney(s) appearing for the Case

Leslie A. Kocher-Moar argued the cause for appellant. With her on the briefs were Robert D. Scholz and MacMillan, Scholz & Marks, P.C.

James G. Driscoll, Portland, argued the cause for respondent. With him on the brief were John A. Bennett, Andrew C. Lauersdorf, and Bullivant Houser Bailey P.C.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

LANDAU, P.J.

Plaintiff owns a duplex and maintained fire insurance on the building through United Services Automobile Association (USAA). Defendant is a tenant in the duplex. A fire—which plaintiff believes defendant started—damaged the duplex. USAA paid plaintiff under the fire insurance policy and then initiated this subrogation action in the name of plaintiff against defendant. The trial court entered summary judgment dismissing the subrogation claim...

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