Moore v. Mutual of Enumclaw Insurance

This case involves a claim made under a fire insurance policy with extended coverage. Plaintiff brought an action for breach of the insurance contract. The trial court granted summary judgment in favor of defendant on the ground that plaintiff had not commenced the action within the period allowed by a limitations clause of the policy. The Court of Appeals reversed and remanded, holding that there were genuine issues of material fact as to whether defendant had waived that clause. Moore v. Mutual of Enumclaw Ins. Co., 113 Or App 574, 579, 833 P2d 1310, modified and adhered to as modified 116…