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CHOU v. FARMERS INS. EXCHANGE

090101378; A145931.

291 P.3d 784 (2012)

253 Or. App. 552

Yuan CHOU, PhD, and Siukee Tong, as individuals, Plaintiffs-Respondents, v. FARMERS INSURANCE EXCHANGE, Defendant-Appellant, and Lynette M. Sanders, Defendant.

Court of Appeals of Oregon.

Decided November 21, 2012.

Attorney(s) appearing for the Case

Beth Cupani argued the cause for appellant. With her on the briefs was Maloney Lauersdorf Reiner, PC.

William J. Thrush argued the cause for respondents. With him on the brief was Marvin, Chorzempa & Larson, P.C.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

WOLLHEIM, J.

The issue in this case, arising out of plaintiffs' claim under a homeowners' insurance policy issued by defendant Farmers Insurance Exchange (Farmers), is whether the trial court erred in granting plaintiffs' motion for summary judgment on their claims for breach of contract. Farmers asserts that the loss was caused by "collapse" and the policy does not insure for losses caused by collapse. Plaintiffs argue that the trial correctly granted their motion...

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