Allstate Insurance Company v. Ralph Breeden

MEMORANDUM

Ralph Breeden (“Breeden”) appeals the district court’s judgment in favor of Allstate Insurance (“Allstate”) following a jury’s verdict in favor of Allstate. He challenges several of the district court’s rulings relating to the trial. Breeden also argues that the court erred in granting summary judgment in favor of Allstate on his counterclaim, and appeals the district court’s denial of his post-verdict motion for judgment as a matter of law and a new trial. We have jurisdiction pursuant to 28 U.S.C. § 1291 . Finding no error in any of the district court’s rulings, we affirm. We address each of Breeden’s contentions below.

1. First, Breeden contends that the district court’s jury instructions on the issue of reliance were erroneous, and that the court erred in rejecting his proposed instructions. We reject these arguments.

Breeden’s fire insurance policy with Allstate is governed by its terms and Oregon’s Fire Insurance Code, Or.Rev. Stat. § 742.200 et seq. (“Code”). To the extent that the policy — as drafted by Allstate — does not include provisions required under Oregon law, it must be construed and applied as if it were in full compliance with the Code.…