DEWSNUP v. FARMERS INS. CO.

(CC 06CV4790CC; CA A136394; SC S057895).

239 P.3d 493 (2010)

349 Or. 33

Beth DEWSNUP and Tim Dewsnup, Petitioners on Review, v. FARMERS INSURANCE COMPANY OF OREGON, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided September 16, 2010.


Attorney(s) appearing for the Case

Kathryn H. Clarke , Portland, argued the cause and filed the brief for petitioners on review. With her on the brief was Robert E.L. Bonaparte .

Beth Cupani , Maloney Lauerdorf Reiner PC, Portland, argued the cause and filed the brief for respondent on review. With her on the brief was Francis J. Maloney III .


KISTLER, J.

The primary question in this case is what is a "roof" within the meaning of plaintiffs' homeowners' insurance policy. Plaintiffs Beth and Tim Dewsnup sustained losses due to water damage while their roof was undergoing repair. Although their insurance policy generally excludes coverage for water damage, they contended that an exception to that exclusion applies. The trial court ruled otherwise on defendant's motion for summary judgment, and the Court of...

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