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RUEDE v. CITY OF FLORENCE

160704170; A137660.

220 P.3d 113 (2009)

231 Or. App. 435

Rick L. RUEDE and Rebecca Ruede, husband and wife; and West Coast Autobody, Inc., an Oregon corporation, Plaintiffs-Appellants, v. CITY OF FLORENCE, a municipal corporation; Kalberer Properties, LLC, an Oregon limited liability corporation; Abre, LLC, an Arizona limited liability company; Abby's, Inc., an Arizona corporation, Defendants, and Truck Insurance Exchange, a Farmers Insurance Company, Defendant-Respondent.

Court of Appeals of Oregon.

Decided October 28, 2009.

Attorney(s) appearing for the Case

Dan Webb Howard, Eugene, argued the cause for appellants. With him on the briefs was Gleaves Swearingen Potter & Scott, LLP.

Francis J. Maloney III, argued the cause for respondent. With him on the brief were Beth Cupani and Bullivant Houser Bailey PC, Portland.

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

LANDAU, P.J.

In this insurance dispute, plaintiffs filed a claim for property damage under a policy issued by defendant Truck Insurance Exchange. Defendant denied the claim on the ground that the damage was subject to various exclusions from coverage. Plaintiffs initiated this action for breach of contract. Defendant moved for, and obtained, summary judgment on the basis of the exclusions. Plaintiffs appeal, arguing that the trial court erred in granting the motion...

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