Stuart v. Pittman, 350 Or 410 (2011)

Holding:  Applicable statute requires, that to supercede coverage spelled out in the written policy, an oral insurance binder must use “clear and express” terms. Here, that test is met.

1)   When construing a statute, Courts give words of common usage their plain, natural, and, ordinary meaning. at pp. 418-19.

2)   The common usage of the word “clear” means easily understood, and the term “express” means directly and distinctly stated as opposed to implied or left to inference. at p. 419.

3)   “(T)he terms ‘safety net’ or ‘catch basin’ or coverage ‘in all instances that something goes wrong during construction’ were not vague or obscure.” at p. 419.

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