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FARMERS INS. v. AMERICAN FAMILY MUT. INS.

CV08110060; A143576.

259 P.3d 991 (2011)

243 Or. App. 391

FARMERS INSURANCE COMPANY OF OREGON, Plaintiff-Respondent, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 15, 2011.

Attorney(s) appearing for the Case

Tim Heinson argued the cause for appellant. With him on the briefs were Lori K. DeDobbelaere and Lachenmeier Enloe Rall & Heinson.

Craig O. West, Salem, argued the cause and filed the brief for respondent.

Before BREWER, Chief Judge, and CARSON, Senior Judge.

BREWER, C.J.

On November 6, 2006, a tree fell on the Dodson home, causing extensive damage that ultimately required the payment of major repair costs. This litigation arises from the unusual circumstance that, at the time of the loss, the Dodsons had in effect two separate homeowners' insurance policies that, by their terms, covered the loss. The first, issued by defendant, was taken out in April 2006. The second, issued...

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