Legal Opinion

Emrys v. Farmers Ins. Co. of Or.

Court of Appeals of Oregon

Decided September 12, 2018No. A163480PublishedCited by 1 opinion

1Opinion of the CourtGarrett, J.

*108In this case, which is before us for the second time, plaintiff seeks reformation of an insurance contract.

In plaintiff's first appeal, we concluded that the trial court had applied the wrong legal standard in assessing whether plaintiff had proved the existence of an antecedent agreement. Emrys v. Farmers Ins. Co. , 275 Or. App. 691, 698, 365 P.3d 1119 (2015) ( Emrys I ) (vacating and remanding for reconsideration). On remand, the trial court again concluded that plaintiff had failed to prove the existence of an antecedent agreement by clear and convincing evidence. In this second appeal,…

2Cases cited7 opinions

Manning Lumber Co. v. VogetOregon Supreme Court · 1950
Pioneer Resources, LLC v. D. R. Johnson Lumber Co.Court of Appeals of Oregon · 2003
Baker v. State InsuranceOregon Supreme Court · 1897
A&T Siding, Inc. v. Capitol Specialty Ins. Corp.Oregon Supreme Court · 2015
Aero Sales, Inc. v. City of SalemCourt of Appeals of Oregon · 2005

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3Cited by1 opinion

Ohio Security Insurance Company v. Jessica Smith, individually and as Personal Representative of the Estate of Furious Talon Eldridge, deceased, Kloey Kelton, as guardian ad litem for R. K.-E., a minor, CPM Real Estate Services, Inc., an Oregon corporation, Joseph P. Donahue, III, an individual, Mary Laurent Leach, an individual, Randall Leach, an individual, and Primordial Mountain, LLC, d/b/a CBDAILY REMEDIES, an Oregon Limited Liability CompanyDistrict Court, D. Oregon · 2026