Bjugan v. State Farm Fire & Casualty Co.

969 F. Supp. 2d 1283, 2013 WL 4591111, 2013 U.S. Dist. LEXIS 122535
CourtDistrict Court, D. Oregon
DecidedAugust 28, 2013
DocketNo. 3:12-cv-01423-HU
StatusPublished
Cited by5 cases

This text of 969 F. Supp. 2d 1283 (Bjugan v. State Farm Fire & Casualty Co.) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bjugan v. State Farm Fire & Casualty Co., 969 F. Supp. 2d 1283, 2013 WL 4591111, 2013 U.S. Dist. LEXIS 122535 (D. Or. 2013).

Opinion

OPINION AND ORDER

HUBEL, United States Magistrate Judge:

This case involves a renter who “maintained,” if that is the right word, ninety-five cats and two dogs in a rental house and the manner in which the animals were [1285]*1285maintained resulted in physical damage to the house. The owner of the rental house seeks coverage under defendant’s policy of insurance for the damage to the house. The defendant denies the damage is covered as it is identified in the policy as a “Loss Not Insured.”

Facts

Plaintiffs Troy and Ashli Bjugan (collectively, “the Bjugans”) own a rental home located at 21516 SE Foster Road, Damascus, Oregon. Defendant State Farm Fire and Casualty Company (“State Farm”) issued an insurance policy covering the Bjugans’ rental home. The policy states that State Farm “insure[s] for accidental direct physical loss to the property described in Coverage A and B, except as provided in Section I — Losses Not Insured.” (Bjugan Deck Ex. 1 at 1.) The portion of the policy entitled “Section I — Losses Not Insured” provides, in relevant part: “[State Farm] do[es] not insure for loss to the property described in Coverage A and B either consisting of, or directly and immediately caused by ... birds, vermin, rodents, insects or domestic animals.” (Bjugan Deck Ex. 1 at 1) (emphasis added).

In late October 2011, the Clackamas County Sheriffs Office (“CCSO”) obtained a search warrant for the Bjugans’ rental home, which was occupied at the time by Ronnie Sandberg (“Sandberg” or “the renter”), on the basis of complaints from area residents of animal neglect, firsthand observations and information provided by Damascus city officials. What they discovered in the ensuing search was described as “deplorable and unhealthy conditions.” (Foley Deck Ex. A at 8.) Entering the home required the use-of.protective clothing and respirators because the interior walls and floors were covered with animal urine and feces. (Foley Deck Ex. A at 8.) The Oregon Humane Society (“OHS”) ultimately removed ninety-five cats and two dogs from Sandberg’s residence. One dog was nearly blind from a chronic, painful dry eye condition while the other could barely use his hind legs; 30% of the cats were emaciated; 90% of the cats required medical attention or surgical intervention; and 30% of the cats had some type of ocular condition, ranging from ocular discharge to infections so severe that the cats’ eye(s) -had - to be removed under anesthesia.

Not long afterwards, the Bjugans sought to recover the cost of repairing the damage caused by Sandberg from State Farm. Relying on the provision in the insurance policy that excludes from coverage damage caused by “domestic animals,” State Farm denied the Bjugans’ claim. The Bjugans then brought this diversity action against State Farm on August 7, 2012, alleging breach of their insurance policy and breach of the implied covenant of good faith and fair dealing. State Farm and the Bjugans now move for summary judgment and partial summary judgment, respectively-

Legal Standard

Summary judgment is appropriate “if pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). Summary judgment is not proper if factual issues exist for trial. Warren v. City of Carlsbad, 58 F.3d 439, 441 (9th Cir.1995).

The moving party has the burden of establishing the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). If the moving party shows the absence of a genuine issue of material fact, the nonmoving party must go beyond the pleadings and identify facts which show a genuine issue for trial. Id. [1286]*1286at 824, 106 S.Ct. 2548. A nonmoving party cannot defeat summary judgment by relying on the allegations in the complaint, or with unsupported conjecture or conclusory statements. Hernandez v. Spacelabs Medical, Inc., 343 F.3d 1107, 1112 (9th Cir.2003). Thus, summary judgment should be entered against “a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex, 477 U.S. at 322, 106 S.Ct, 2548.

The court must view the evidence in the light most favorable to the nonmoving party. Bell v. Cameron Meadows Land Co., 669 F.2d 1278, 1284 (9th Cir.1982). All reasonable doubt as to the existence of a genuine issue of fact should be resolved against the moving party. Hector v. Wiens, 533 F.2d 429, 432 (9th Cir.1976). Where different ultimate inferences may be drawn, summary judgment is inappropriate. Sankovich v. Life Ins. Co. of N. Am., 638 F.2d 136, 140 (9th Cir.1981).

However, deference to the nonmoving party has limits. The nonmoving party must set forth “specific facts showing a genuine issue for trial.” Fed.R.Civ.P. 56(e). The “mere existence of a scintilla of evidence in support of plaintiffs positions [is] insufficient.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Therefore, where “the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no genuine issue for trial.” Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (internal quotation marks omitted).

Oregon Insurance Law

Under Oregon law, the insureds (the Bjugans) have the burden to prove a loss comes within a coverage granted by the policy, while the insurer (State Farm) has the burden to prove a loss is within an exclusion of the policy. ZRZ Realty Co. v. Beneficial Fire & Cas. Ins. Co., 349 Or. 117, 127, 241 P.3d 710 (2010); Stanford v. Am. Guaranty Life Ins. Co., 280 Or. 525, 527, 571 P.2d 909 (1977) (insurer has the burden to prove an exclusion); Lewis v. Aetna Ins. Co., 264 Or. 314, 316, 505 P.2d 914 (1973) (insured has the burden to prove coverage).

The question of insurance policy interpretation is one of law, and the court’s “task is to determine the intent of the parties.” Groshong v. Mutual of Enumclaw Ins. Co., 329 Or. 303, 307, 985 P.2d 1284 (1999) (citation omitted);

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Cite This Page — Counsel Stack

Bluebook (online)
969 F. Supp. 2d 1283, 2013 WL 4591111, 2013 U.S. Dist. LEXIS 122535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bjugan-v-state-farm-fire-casualty-co-ord-2013.