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GRISBY v. PROGRESSIVE PREFERRED INS. CO.

(CC 0305-05057; CA A128089; SC S054196).

171 P.3d 352 (2007)

343 Or. 394

Omar J. GRISBY, Petitioner on Review, v. PROGRESSIVE PREFERRED INSURANCE COMPANY, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided November 8, 2007.

Attorney(s) appearing for the Case

Michael A. Lehner, Lehner & Rodrigues PC, Portland, filed the petition for reconsideration for respondent on review.

No appearance contra.

On Respondent On Review's Petition for Reconsideration August 21, 2007.

BALMER, J.

Defendant Progressive Preferred Insurance Company petitions for reconsideration of this court's decision in Grisby v. Progressive Preferred Ins. Co., 343 Or. 175, 166 P.3d 519 (2007). We allow the petition for reconsideration, modify our earlier decision and, as modified, adhere to that decision.

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