MARSH v. AMERICAN FAMILY MUT. INS. CO.

051213237, A136067.

218 P.3d 573 (2009)

231 Or. App. 332

Kathleen MARSH and Fariborz Habibi, Plaintiffs-Respondents Cross-Appellants, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Appellant Cross-Respondent.

Court of Appeals of Oregon.

Decided October 14, 2009.


Attorney(s) appearing for the Case

R. Daniel Lindahl, Portland, argued the cause for appellant-cross-respondent. With him on the briefs were Lindahl Law Firm, PC, Ronald J. Clark, and Bullivant Houser Bailey, PC.

John M. Berman, Tigard, argued the cause and filed the briefs for respondents-cross-appellants.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.


EDMONDS, P. J.

Defendant insurer appeals from a judgment for plaintiffs, defendant's insureds, in this case involving the provisions of a homeowners insurance policy. On appeal, defendant asserts that the policy does not provide any coverage for plaintiffs' claim. Plaintiffs cross-appeal, assigning error to the trial court's limitation of their recovery to $5,000. We reverse on appeal and dismiss plaintiffs' cross-appeal as moot.

Plaintiffs own a house that...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases