STUART v. PITTMAN

(CC CV050384; CA A134858; SC S058536).

255 P.3d 482 (2011)

350 Or. 410

John STUART, Petitioner on Review, v. Ronald PITTMAN, an individual, Defendant, and Country Mutual Insurance Company, dba Country Insurance and Financial Services, Inc., an Indiana corporation, Respondent on Review.

Supreme Court of Oregon.

Decided June 3, 2011.


Attorney(s) appearing for the Case

William F. Gary , Harrang Long Gary Rudnick, P.C., Portland, argued the cause for petitioner on review. With him on the brief were Jona J. Maukonen and Arden J. Olson .

R. Daniel Lindahl , Lindahl Law Firm, Portland, argued the cause for respondent on review. With him on the brief was John A. Bennett , Bullivant Houser Bailey, PC, Portland.

Cody Hoesly , Larkins Vacura LLP, Portland, filed briefs on behalf of amicus curiae Oregon Trial Lawyers Association.

Before, DE MUNIZ, Chief Justice, and DURHAM, BALMER, KISTLER, WALTERS, and LINDER, Justices.


DE MUNIZ, C.J.

Plaintiff entered into an oral course-of-construction insurance binder1 with Country Mutual Insurance Company (defendant) through its agent, Ronald Pittman. Before receiving the written policy, plaintiff's partially built home was damaged by inclement weather. After defendant denied plaintiff's insurance claim, citing exclusions in the written policy, plaintiff filed an action against defendant. At trial, defendant moved...

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