Breeden

MEMORANDUM **

Allstate sought and acquired a declaration by the district court that Breeden voided his fire insurance policy by misrepresenting the extent of his loss. Breeden *219 appeals the district court’s adverse summary judgment. Both the district court’s construction of state law and its entry of summary judgment are reviewed de novo. Feature Realty, Inc. v. City of Spokane, 331 F.3d 1082 , 1086 n. 3 (9th Cir.2003). For the reasons set out below, we affirm in part, reverse in part, and remand to the district court for further proceedings consistent with this disposition.

I

Breeden’s fire policy provided that wilful misrepresentation concerning a claimed loss would operate to void the policy. In determining whether Breeden has voided his insurance policy, the district court relied exclusively on Callaway v. Sublimity Ins. Co., 123 Or.App. 18 , 858 P.2d 888 (1993). This was error because Callaway involved an automobile insurance policy. Since 1985, a different rule has existed in Oregon for fire insurance policies. See Eslamizar v. Am. States Ins. Co., 134 Or.App. 138 , 894 P.2d 1195, 1198-99 (1995). In particular, reliance is treated differently in cases brought under…