Legal Opinion

5 Star, Inc. v. Atlantic Casualty Insurance

Court of Appeals of Oregon

Decided February 11, 2015No. 09C12928; A150818Published

1Opinion of the CourtDuncan, P. J.

In this civil case, plaintiff 5 Star, Inc. (5 Star) brought claims against its insurer, defendant Atlantic Casualty Insurance Company (Atlantic) for reformation of its insurance policy and for negligent procurement of insurance. Plaintiffs Kevin Rains and Mitzi Rains, who have a judgment against 5 Star, brought a claim against Atlantic pursuant to ORS 742.031, which permits direct actions by judgment creditors against the insurer of an insured, but insolvent, judgment debtor. Atlantic filed a motion for summary judgment on all of the claims against it, and the trial court granted the motion…

2Cases cited10 opinions

  1. Jones v. General Motors Corp.Oregon Supreme Court · 1997
  2. Rennie v. Freeway TransportOregon Supreme Court · 1982
  3. Paulson v. Western Life InsuranceOregon Supreme Court · 1981
  4. Pioneer Resources, LLC v. D. R. Johnson Lumber Co.Court of Appeals of Oregon · 2003
  5. Salem-Keizer Ass'n of Classified Employees v. Salem-Keizer School District 241Court of Appeals of Oregon · 2003

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