AMERICAN WHOLESALE PROD. v. ALLSTATE INS.

A160215.

406 P.3d 163 (2017)

288 Or.App. 418

AMERICAN WHOLESALE PRODUCTS, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant, and Elpro Investments, Defendant-Respondent.

Court of Appeals of Oregon.

October 25, 2017.


Attorney(s) appearing for the Case

Clinton L. Tapper , Eugene, argued the cause for appellant. With him on the briefs was Taylor & Tapper Insurance Attorneys.

Michael H. Long , Eugene, argued the cause for respondent. With him on the brief was Gaydos, Churnside & Balthrop, P.C.

Before DeVore, Presiding Judge, and Garrett, Judge, and Wollheim, Senior Judge.


Plaintiff, which leased warehouse space from defendant, brought this action alleging that defendant's negligent failure to maintain the premises resulted in water intrusion that damaged plaintiff's personal property. The trial court granted defendant's motion for summary judgment on the ground that the lease agreement precludes defendant...

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