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BRESEE HOMES, INC. v. FARMERS INS. EXCHANGE

(CC 06C12550; CA A136397; SC S057573).

293 P.3d 1036 (2012)

353 Or. 112

BRESEE HOMES, INC., an Oregon corporation, Petitioner on Review, v. FARMERS INSURANCE EXCHANGE, a California corporation, Respondent on Review.

Supreme Court of Oregon.

Decided December 31, 2012.

Attorney(s) appearing for the Case

J. Michael Alexander , Swanson, Lathen, Alexander, McCann & Prestwich, PC, Salem, argued the cause and filed the brief for petitioner on review.

Misty Edmundson , Soha & Lang P.S., Seattle, argued the cause and filed the brief for respondent on review.

Cody Hoesly , Larkins Vacura LLP, Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

Rick Pope , Kirklin Thompson & Pope LLP, Portland, filed the brief for amicus curiae Oregon Home Builders Association, Home Builders Association of Marion & Polk Counties, Central Oregon Home Builders Association, Associated General Contractors Oregon-Columbia Chaper, Walsh Construction Co., and Adair Homes, Inc.

Diane L. Polscer , Gordon & Polscer, LLC, Portland, filed the brief for amicus curiae State Farm Fire and Casualty Company. With her on the brief was Brian C. Hickman .

Gregory L. Baird , Gordon & Polscer, LLC, Portland, filed the brief for amicus curiae Complex Insurance Claims Litigation Association. With him on the brief were Laura A. Foggan , Amanda Schwoerke , and Wiley Rein LLP.

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

DURHAM, J.

Plaintiff, Bresee Homes, Inc. (Bresee), seeks review of a Court of Appeals decision that affirmed a trial court judgment in favor of defendant, Farmers Insurance Exchange (Farmers). Bresee Homes, Inc. v. Farmers Ins. Exchange, 227 Or.App. 587, 206 P.3d 1091 (2009). The dispute concerns the correct interpretation of the commercial general...

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