Leavenworth v. State Farm Fire & Casualty Co.
Leavenworth v. State Farm Fire & Casualty Co.
Opinion of the Court
MEMORANDUM
State Farm Fire and Casualty Company (“State Farm”) appeals the district court’s decision to grant judgment as a matter of law. The district court concluded that there was insufficient evidence for a reasonable jury to conclude that State Farm detrimentally relied on material misrepresentations of Arild and Jennifer Leavenworth (“the Leavenworths”). For the reasons set forth below, we now affirm.
“In order to use any representation by or on behalf of the insured in defense of a claim under the policy, the insurer must show that the representations are material and that the insurer relied on them.” Or. Rev.Stat. § 742.208(3). In the insurance context, reliance “requires some evidence of detrimental action or change in position” by the insurer, such as offering coverage, calculating risk, or incurring additional investigation expenses. Eslamizar v. Am. States Ins. Co., 134 Or.App. 138, 894 P.2d 1195, 1199 (1995).
In the instant case, State Farm failed to prove reliance because it never changed its position or took detrimental action based
Accordingly, we AFFIRM the district court’s judgment.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.