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GONZALES v. FARMERS INS. CO.

(CC 9910-11479; CA A128598; SC S054486).

196 P.3d 1 (2008)

345 Or. 382

Jose GONZALES, Respondent on Review, v. FARMERS INSURANCE COMPANY OF OREGON, an Oregon corporation; Farmers Insurance Exchange; a foreign corporation; Farmers Group, Inc., a foreign corporation; and Midcentury Insurance Company, a foreign corporation, Petitioners on Review.

Supreme Court of Oregon.

Decided October 23, 2008.

Attorney(s) appearing for the Case

James Westwood, of Stoel Rives LLP, Portland, argued the cause and filed the briefs for petitioners on review.

Jeremy Brandon, of Susman Godfrey, LLP, Dallas, Texas, argued the cause for respondent on review. Daniel J. Gatti, of Gatti, Gatti, Maier, Krueger, Sayer & Assoc., Salem, filed the briefs for respondent on review. With him on the briefs were Tom D'Amore, D'Amore & Associates, Portland, James Nelson, Nelson & MacNeil, Albany, Christopher Hardman, Portland, and Terry Oxford, Susman Godfrey, LLP, Dallas, Texas.

DURHAM, J.

This is an action on an automobile insurance policy. Plaintiff's insured vehicle suffered property damage in an accident. Defendants1 paid for repairs to the vehicle, but the repairs did not restore the vehicle to its preaccident condition. Defendants contended that they were responsible for only the cost of the repairs. Plaintiff claimed that the policy made defendants liable for plaintiff's entire "loss" and that, if the attempted...

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