Jerry Greer v. State Farm Fire & Casualty Com

546 F. App'x 695

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 27, 2013
• Docket: 12-35056
• Status: Unpublished

Opinion

MEMORANDUM ***

Jerry and Jennifer Greer appeal a summary judgment dismissing their claims against State Farm Fire and Casualty Company and awarding State Farm $213,210 on its counterclaim. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

In seeking replacement costs for their home from State Farm, their insurer, the Greers submitted a fraudulent construction contract. The Greers recklessly misrepresented a material fact by sending State Farm the forged contract, Millikin v. Green, 288 Or. 283, 583 P.2d 548, 550 (1978) (en banc); Santilli v. State Farm Life Ins. Co., 278 Or. 53, 562 P.2d 965, 967 (1977), and State Farm justifiably relied on that contract in paying replacement costs. Cocchiara v. Lithia Motors, Inc., 353 Or. 282, 297 P.3d 1277, 1286 (2013) (en banc); Crawford v. Standard Ins. Co., 49 Or.App. 731, 621 P.2d 583, 586 (1980). State Farm was entitled to the amount paid in reliance on the misrepresentation, Or. Rev. Stat. § 742.208, and therefore properly received judgment on its counterclaim. The Greers’ material misrepresentation also voided the insurance policy. Or. Rev. Stat. § 742.208. Their claim for personal property loss under the policy was therefore correctly dismissed.

AFFIRMED.

*** This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.