HENNESSY v. MUTUAL OF ENUMCLAW INS. CO.

0510037; A133592.

206 P.3d 1184 (2009)

228 Or. App. 186

Kristine HENNESSY, dba T E Hennessy Properties, Plaintiff-Respondent, v. MUTUAL OF ENUMCLAW INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 29, 2009.


Attorney(s) appearing for the Case

Todd S. Baran, Portland, argued the cause and filed the briefs for appellant.

Pamela S. Hediger, Corvallis, argued the cause for respondent. With her on the brief was Evashevski, Elliott, Cihak & Hediger, P.C.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.


ORTEGA, J.

Plaintiff owns a commercial building insured by defendant. Until 2005, the building's exterior was covered by a layer of a stucco product called marblecrete. In late 2003, plaintiff discovered that a piece of stucco had visibly separated from the building's underlying wall. She hired a contractor to remove the damaged stucco and filed a claim with defendant, which defendant denied. Plaintiff later replaced the...

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