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BROWNSTONE HOMES v. BROWNSTONE FOREST

060606804; A145740.

298 P.3d 1228 (2013)

255 Or. App. 390

BROWNSTONE HOMES CONDOMINIUM ASSOCIATION, an Oregon non-profit corporation, Plaintiff-Appellant, v. BROWNSTONE FOREST HEIGHTS, LLC, an Oregon limited liability company, et al., Defendants, and Capitol Speciality Insurance Co., Garnishee-Respondent.

Court of Appeals of Oregon.

Decided February 27, 2013.

Attorney(s) appearing for the Case

Thomas W. Brown , Portland, argued the cause for appellant. With him on the briefs was Cosgrave Vergeer Kester LLP.

Brian C. Hickman , Portland, argued the cause and filed the brief for respondent.

Before ARMSTRONG, Presiding Judge, and HASELTON, Chief Judge, and DUNCAN, Judge.

HASELTON, C.J.

This case involves an insurance-related dispute arising out of construction defect litigation. Plaintiff Brownstone Homes Condominium Association, an assignee of the insured defendant, A & T Siding, Inc. (A & T), appeals, challenging the trial court's determination that plaintiff was not entitled to garnish the proceeds of an insurance policy issued by A & T's insurer, Capitol Specialty Insurance Co. (Capitol). The trial court's ruling was...

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