Axis Surplus Insurance Co. v. Lebanon Hardboard, LLC

MEMORANDUM

Defendant-appellant Lebanon Hardboard, LLC (“Lebanon”) appeals from the district court’s grant of partial summary judgment holding that a partially-deconstructed Former Production Building (“FPB”) did not qualify as “Business Personal Property” under Lebanon’s insurance policy with plaintiff-appellant Axis Surplus Insurance Co. (“AXIS”). Lebanon also challenges the amount of the attorney fees it was awarded by the district court. We affirm in all respects.

We review de novo the district court’s ruling granting summary judgment. Wedges/Ledges of Cal. v. City of Phoenix, 24 F.3d 56, 62 (9th Cir.1994). Under Oregon law, the terms of the insurance contract between AXIS and Lebanon control whether there was coverage for the FPB at the time of the fire. See Or.Rev.Stat. § 742.016(1). This is a question of law in which our goal is to ascertain the parties’ intent based on the terms of the policy. Hoffman Constr. Co. v. Fred S. James & Co., 313 Or. 464 , 836 P.2d 703, 706 (1992). An insurance policy is to be construed as a whole and, insofar as possible, is to be interpreted so as to give meaning to all its terms. See id. at 707.

The policy here describes two types of…