Mid-Century Insurance. v. Turner

Plaintiff Mid-Century Insurance Company appeals a judgment in favor of defendant, its insured, in this action for breach of contract, money had and received, breach of settlement agreement, and breach of fiduciary duty. As explained below, we agree with defendant that the trial court correctly rejected plaintiffs claims. Specifically, we conclude that, if given the effect that plaintiff urges, certain provisions of the policy that plaintiff invokes are unenforceable in that they are “less favorable” to the insured than operative provisions of the Oregon Insurance Code, viz., ORS 742.534, ORS…