Oregon Court of Appeals Holds “No Duty to Defend” in Insurance Ruling


On April 6, the Oregon Court of Appeals issued its decision in State Farm Fire and Casualty Company v. American Family Mutual Insurance Company. The case pertains to whether an insurer has a duty to defend where the complaint against the policyholder alleges defective construction of a building’s moisture protection system, but does not allege resultant water intrusion and damage. The court held that where such “special damages” are not specifically pled, there is no duty to defend.

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Published In: Civil Remedies Updates, Construction Updates, Insurance Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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