GONZALES v. FARMERS INSURANCE COMPANY OF OREGON

9910-11479; A128598.

150 P.3d 20 (2006)

210 Or. App. 54

Jose GONZALES, Appellant, and Al Bathke, Plaintiff, v. FARMERS INSURANCE COMPANY OF OREGON, an Oregon corporation; Farmers Insurance Exchange, a foreign corporation; Farmers Group, Inc., a foreign corporation; and Mid-Century Insurance Company, a foreign corporation, Respondents.

Court of Appeals of Oregon.

Decided December 20, 2006.


Attorney(s) appearing for the Case

Terrell W. Oxford, Texas, and Jeremy J. Brandon, Texas, argued the cause for appellant. On the briefs were Susman Godfrey, LLP, Texas, and Daniel J. Gatti and Gatti, Gatti, Maier, Krueger, Sayer & Assoc., and Tom D'Amore and D'Amore & Associates, and James Nelson and Nelson & MacNeil, and Christopher Hardman and Law Office of CR Hardman.

James N. Westwood, Portland, argued the cause for respondents. With him on the brief were Lois O. Rosenbaum and Stoel Rives LLP.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.


HASELTON, P.J.

Plaintiff Jose Gonzales appeals, assigning error to the allowance of summary judgment in favor of defendants, various Farmers Insurance-related companies.1 The only issue presented is whether, under the terms of his automobile coverage with defendant, plaintiff is entitled to recover payment for his vehicle's "inherent diminished value" (IDV) following a collision. Specifically, is plaintiff entitled, in addition to payment...

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