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BROWNSTONE HOMES v. BROWNSTONE FOREST

(CC 0606-06804; CA A145740; SC S061273).

363 P.3d 467 (2015)

358 Or. 223

BROWNSTONE HOMES CONDOMINIUM ASSOCIATION, an Oregon non-profit corporation, Petitioner on Review, v. BROWNSTONE FOREST HEIGHTS, LLC, an Oregon limited liability company, et al, Defendants, and Capitol Specialty Insurance, Co., Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided November 19, 2015.

Attorney(s) appearing for the Case

Wendy M. Margolis , Cosgrave, Vergeer, Kester, LLP, Portland, argued the cause and filed the briefs for petitioner on review. With her on the briefs was Thomas W. Brown .

Brian C. Hickman , Gordon & Polscer, LLC, Portland, argued the cause and filed the briefs for respondent on review. With him on the briefs was Gregory A. Baird .

Travis Eiva , The Corson & Johnson Law Firm, Eugene, filed the brief for amicus curiae Oregon Trial Lawyers Association.

This is a construction defect case in which a condominium homeowners association sued a contractor for negligence. The contractor's insurer refused to defend the contractor against the action, and the contractor and the homeowners association thereafter entered into a settlement that included a stipulated judgment against the contractor...

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