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DEARDORFF v. FARNSWORTH

CV10040782; A152357.

343 P.3d 687 (2015)

268 Or. App. 844

Donald DEARDORFF, an individual; C. Brooke Deardorff, an individual; Allison Deardorff, an individual; and Deardorff Stable, LLC, an Oregon limited liability company, Plaintiffs, v. Robert FARNSWORTH, an individual; The Summit Group of Oregon, LLC, an Oregon limited liability company; and Mission Insurance Services, Inc., an Oregon corporation, Defendants-Respondents. and Oregon Mutual Insurance Company, a California corporation, Defendant-Appellant, and Does 1-2, Defendants.

Court of Appeals of Oregon.

Decided February 4, 2015.

Attorney(s) appearing for the Case

Robert S. May argued the cause for appellant. With him on the briefs was Smith Freed & Eberhard, P.C.

James M. Callahan , Portland, argued the cause for respondents. With him on the brief was Callahan & Shears, P.C.

Before ARMSTRONG, Presiding Judge, and EGAN, Judge, and DE MUNIZ, Senior Judge.

The issue in this case is whether the trial court correctly held that defendant Oregon Mutual Insurance Company (OMI) was estopped from relying on an exclusion in an insurance policy. Plaintiffs were transporting horses in California that were owned by others when the trailer carrying the horses caught on fire, killing the horses...

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