Patton v. Mutual of Enumclaw Insurance

This insurance coverage case comes before us a second time. In the first appeal, Patton v. Mutual of Enumclaw Ins. Co., 238 Or App 101, 242 P3d 624 (2010), rev den, 349 Or 654 (2011) (Patton I), this court reversed a judgment for plaintiff on his breach of contract claim on a homeowners’ insurance policy and remanded for a new trial. On remand, the trial court granted the motion for summary judgment filed by defendant Mutual of Enumclaw Insurance Company (defendant or MOE), ruling that, under the terms of the policy as written, and as interpreted by this court in Patton I, plaintiffs claim…