Moore v. Mutual of Enumclaw Insurance

Plaintiff appeals from a summary judgment in favor of defendant insurer. ORCP 47. He argues that there is an issue of material fact as to whether defendant waived its right to rely on the policy limitation period for filing an action. We reverse.

Plaintiff owns a house that is insured under a fire insurance policy issued by defendant. In July, 1989, he rented the home to Pixler for approximately four months. On October 15, 1990, plaintiff was informed by police that a woman had confessed to having “cooked” methamphetamine at plaintiffs house while Pixler lived there. Plaintiff reported a claim…