ZRZ Realty Co. v. Beneficial Fire & Casualty Insurance

Plaintiffs (collectively, Zidell) and defendants (collectively, London) petition this court to reconsider its decision in this case. ZRZ Realty v. Beneficial Fire and Casualty Ins., 222 Or App 453, 194 P3d 167 (2008). We deny Zidell’s petition without discussion, but allow London’s petition in order to modify two aspects of our original decision.

Our decision in this case resolved, among other assignments of error, London’s contention that the trial court should have granted its motion to dismiss Zidell’s claims under ORCP 54 B(2) because Zidell’s acts were, as a matter of law, expected or…