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JAMES W. FOWLER CO. v. QBE INS. CORP.

Case No. 3:18-cv-1705-SI.

474 F.Supp.3d 1149 (2020)

JAMES W. FOWLER CO., an Oregon corporation, Plaintiff, v. QBE INSURANCE CORPORATION, a foreign insurance company, Defendant.

United States District Court, D. Oregon.

Signed July 24, 2020.

Attorney(s) appearing for the Case

Larry Setchell , Setchell NW Legal Services ps, PO Box 8470, Spokane, WA 99203; Andrew J. Kinstler and Shawn Q. Butler , Helsell Fetterman llp, 1001 Fourth Avenue, Suite 4200, Seattle, WA 98154. Of Attorneys for Plaintiff.

Brian R. Talcott and Eric A. Kekel , Dunn Carney Allen Higgins & Tongue llp, 851 SW Sixth Avenue, Suite 1500, Portland, OR 97204. Of Attorneys for Defendant.

OPINION AND ORDER

James W. Fowler Co. ("Fowler") brings this action against its insurer, QBE Insurance Corporation ("QBE"), over QBE's refusal to cover the alleged loss of Fowler's micro-tunnel boring machine ("MTBM"). QBE contends that Fowler's insurance policy does not cover the alleged loss because...

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