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PATTON v. MUTUAL OF ENUMCLAW INS. CO.

03-11-12054; A134159.

242 P.3d 624 (2010)

238 Or. App. 101

Lowell E. PATTON, Plaintiff-Respondent, Cross-Appellant, v. MUTUAL OF ENUMCLAW INSURANCE COMPANY, a Washington corporation, Defendant-Appellant, Cross-Respondent, and Hopp Insurance Agency, Inc., an Oregon corporation; and Randy W. Hopp, Defendants-Cross-Respondents.

Court of Appeals of Oregon.

Decided October 20, 2010.

Attorney(s) appearing for the Case

Thomas M. Christ , Portland, argued the cause for appellant—cross-respondent. With him on the briefs were Julie A. Smith and Cosgrave Vergeer Kester LLP.

Robert K. Udziela , Portland, argued the cause and filed the briefs for respondent— cross-appellant.

George S. Pitcher , Portland, argued the cause for defendants—cross-respondents. With him on the brief was Rachel A. Robinson .

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

ORTEGA, J.

Plaintiff's house was insured against fire under a policy issued by defendant Mutual of Enumclaw Insurance Company (MOE). The house burned down, and plaintiff filed a claim under the policy. He later brought this action against MOE and its agent, Hopp Insurance Agency,1 seeking declaratory relief and damages for breach of contract and negligence. The trial court directed a verdict for plaintiff on the breach of contract claim...

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