Fleming v. United Services Automobile Ass'n

This action on a homeowner’s insurance policy arose out of property damages that the plaintiff insured claims to have suffered as a result of his tenant’s use of the house as a methamphetamine laboratory. As we first considered this case, the defendant insurer appealed from a judgment on a jury verdict in plaintiffs favor. We held that plaintiff was not entitled to recover under the terms of the policy, as a matter of law, and reversed the judgment. Fleming v. United Services Automobile Assn., 144 Or App 1, 925 P2d 140 (1996). On review, the Supreme Court initially disagreed with our holding…