Andrew C. Lauersdorf, OSB No. 980739 

E-Mail: acl@coveragelit.com 

Nicholas A. Thede, OSB No. 075460 

E-Mail: nt@coveragelit.com 

MALONEY LAUERSDORF REINER, PC 

117 SW Taylor Street, Suite 300 

Portland, Oregon 97204 

Telephone: (503) 245-1518 

Facsimile: (503) 245-1417 

Attorneys for Plaintiff Craig Lowenberg 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

PORTLAND DIVISION 

CRAIG LOWENBERG, 

Plaintiff, 

v. 

B. YOUNG RV, an Oregon company, 

TIFFIN MOTOR HOME, INC., an 

Alabama corporation, COMMAND 

ELECTRONICS, INC., a Michigan 

corporation, and RLI INSURANCE 

COMPANY, an Illinois corporation, 

Defendants. 

Civil No.: 

COMPLAINT 

(Breach of Contract; Breach of the 

Implied Covenant of Good Faith and 

Fair Dealing; Strict Liability for 

Product Defects; Strict Liability for 

Failure to Warn; Negligence; Violation 

of the Oregon Unfair Trade Practices 

Act) 

DEMAND FOR JURY TRIAL 

COMES NOW Plaintiff Craig Lowenberg, by and through his attorneys, 

Maloney Lauersdorf Reiner, PC, and for his complaint against Defendants 

B. Young RV, Tiffin Motor Home, Inc., Command Electronics, Inc., and RLI 

Insurance Company, alleges and claims as follows: 

/ / / 

/ / / 

jjjjg MALONEY 1 LAUERSDOft r i REINER*. 

117 SW Taylor Street, Ste. 300 

Portland, Oregon 97204 

Telephone; 503.245.1518 

Facsimile: 503.245.1417 

COMPLAINT 

Page 1 

Case 3:15-cv-00211-SI Document 1 Filed 02/06/15 Page 1 of 12
I. PARTIES 

1. Plaintiff Craig Lowenberg ("Plaintiff) is a citizen of the state of 

Alaska. 

2. Defendant B. Young RV ("Young") is, and at all times material to 

this action was, a business authorized to operate under the laws of the state of 

Oregon. Young maintains its principal place of business in Milwaukie, Oregon, 

and regularly conducts the business of selling recreational motor home vehicles 

in Oregon. 

3. Defendant Tiffin Motor Home, Inc. ("Tiffin") is, and at all times 

material to this action was, a corporation organized under the laws of the state 

of Alabama. Tiffin's principal place of business is in Red Bay, Alabama, and 

Tiffin regularly conducts the business of selling recreational motor home 

vehicles in Oregon. 

4. Defendant Command Electronics, Inc. ("Command") is, and at all 

times material to this action was, a corporation organized under the laws of the 

state of Michigan. Command maintains its principal place of business in 

Schoolcraft, Michigan, and regularly conducts the business of designing, 

manufacturing, and selling electrical components that are installed in 

recreational motor home vehicles sold in Oregon. 

5. Defendant RLI Insurance Company ("RLI") is, and at all times 

material to this action was, a corporation organized under the laws of the state 

of Illinois. RLI maintains its principal place of business in Peoria, Illinois, and 

regularly conducts the business of insurance in Oregon. 

/ // 

/ / / 

117 SW Tayior Street, Ste. 300 

COMPLAINT 

Page 2 

Portland, Oregon 97204 

Telephone: 503.245.1518 

Facsimile: 503.245.1417 

Case 3:15-cv-00211-SI Document 1 Filed 02/06/15 Page 2 of 12
I I. JURISDICTION AND VENUE 

6. Jurisdiction is proper pursuant to 28 U.S.C. § 1332 because the 

amount in controversy exceeds $75,000, exclusive of interest and costs, and 

the action is between citizens of different states. 

7. Venue is proper in this Court pursuant to 28 U.S.C. § 1391 and 

LR 3-2 because all or a substantial part of the events or omissions underlying 

Plaintiffs claims occurred in this district and in the Portland Division. 

III. FACTUAL ALLEGATIONS 

8. Plaintiff owns a 2011 Tiffin Phaeton motor home ("the motor 

home"). 

9. Tiffin manufactured Plaintiffs motor home and then placed it in 

the stream of commerce. 

10. The motor home included LED clearance lights that were 

manufactured and placed in the stream of commerce by Command, and 

installed by Tiffin near the rear carriage of the motor home. 

11. In 2011, Plaintiff purchased the motor home new from Young in 

Milwaukie, Oregon. 

12. On or about February 10, 2014, while Plaintiff was driving the 

motor home southbound on Interstate 5 near Ashland, Oregon, a fire occurred 

in the rear carriage area of the motor home ("the Fire"). 

13. The Fire was caused by a design and/or manufacturing defect in 

the LED clearance lights designed and manufactured by Command, installed in 

the motor home by Tiffin, and sold to Plaintiff by Young. 

/ / / 

/ / / 

hi? COMPLAINT 

117f S/ £• W MALONE Taylor Street Y ] LAUERSDOR , Ste. 30F KEINER 0 P^S r ^ 3 

Portland, Oregon 97204 

Telephone: 503.245.1518 

Facsimile: 503-245.1417 

Case 3:15-cv-00211-SI Document 1 Filed 02/06/15 Page 3 of 12
14. The Fire, which rendered the motor home inoperable and 

uninhabitable, caused significant damage to the rear carriage area of the motor 

home and smoke damage throughout the interior of the motor home. 

15. In 2011, the motor home caught fire in a similar manner. 

16. Following the 2011 fire, Plaintiff took the motor home to Young for 

17. Young represented to Plaintiff that it had repaired the motor home 

following the 2011 fire, and provided Plaintiff with an extended warranty on the 

motor home and the repairs performed. 

18. Upon information and belief, an inspection of the motor home 

following the Fire revealed that, unbeknownst to Plaintiff, the motor home also 

caught fire sometime between the 2011 fire and the Fire. 

19. RU issued a policy of insurance, Policy No. RRV 0042408-01 ("the 

Policy"), to Plaintiff. 

20. The Policy was issued for valuable consideration in the form of 

premiums, which were paid by Plaintiff. 

21. Pursuant to the Policy, RU insured Plaintiffs motor home and 

agreed to indemnify and reimburse Plaintiff for certain losses and expenses, 

including damage to the motor home and loss of use of the motor home. 

22. The Policy was in full force and effect at the time of the Fire. 

23. The damage sustained to Plaintiffs motor home as a result of the 

Fire falls within the coverage provided by the Policy. 

24. Pursuant to the terms of the Policy, Plaintiff sought 

indemnification and reimbursement for all damages, including expenses 

repairs. 

117 SW Taylor Street, Ste. 300 

COMPLAINT 

Page 4 

Portland, Oregon 97204 

Telephone: 503.245-1518 

Facsimile: 503-245-1417 

Case 3:15-cv-00211-SI Document 1 Filed 02/06/15 Page 4 of 12
incurred by Plaintiff as a result of the damage and Plaintiffs loss of use of the 

motor home. 

25. Plaintiff has performed and satisfied all conditions precedent to 

recovery under the Policy. 

26. RLI acknowledged that the damage to Plaintiffs motor home falls 

within the coverage provided by the Policy, but refuses to fully indemnify and 

reimburse Plaintiff. 

27. Plaintiff has been without the use and enjoyment of the motor 

home since the date of the Fire. 

28. As a result of RLI's refusal to properly indemnify Plaintiff, the 

motor home has sustained and continues to sustain additional damage caused 

by, among other things, exposure to the elements and lack of regular and 

routine maintenance. 

FIRST CLAIM FOR RELIE F 

(Breach of Contract) 

(Against RLI Insurance Company) 

29. Plaintiff restates and incorporates herein by reference the 

allegations set forth in paragraphs 1-28 above. 

30. RLI's refusal to fully indemnify Plaintiff for its covered loss is a 

breach of the insurance contract. 

31. As a result of RLI's breach of the insurance contract, Plaintiff has 

sustained actual and consequential damages in an amount to be proven at 

trial. 

32. Plaintiff is entitled to recover his attorney fees pursuant to 

ORS 742.061. 

COMPLAINT 

117 SW Taylor Street, Ste. 300 Page 5 

Portland, Oregon 97204 

Telephone: 503.245.1518 

Facsimile: 503.245.1417 

Case 3:15-cv-00211-SI Document 1 Filed 02/06/15 Page 5 of 12
SECOND CLAIM FOR RELIE F 

(Breach of the Implied Covenant of Good Faith and Fair Dealing) 

(Against RLI Insurance Company) 

33. Plaintiff restates and incorporates herein by reference the 

allegations set forth in paragraphs 1-32 above. 

34. The terms of the insurance contract required RLI to act in good 

faith and deal fairly with Plaintiff in all matters related to the insurance 

contract, including the investigation, adjustment, and payment of Plaintiffs 

covered losses. 

35. RLI breached its duty of good faith and fair dealing by, among 

other things: 

a. failing or refusing to fully and promptly investigate and 

ascertain the scope of Plaintiff's losses; 

b. failing or refusing to adjust Plaintiffs insurance claim in a 

fair or reasonable manner; 

c. withholding payment of indemnification for Plaintiffs loss 

without having or communicating a reasonable basis for such action; 

d. forcing Plaintiff to file a lawsuit to receive policy benefits; 

e. unreasonably delaying payment for Plaintiffs loss; and 

f. refusing to fully indemnify Plaintiff for his covered loss 

pursuant to the terms of the insurance contract. 

36. RLI's refusal to act in good faith or deal fairly with Plaintiff 

constitutes a breach of the insurance contract. 

/ / / 

/ / / 

JE 

117 SW Taylor Street, Ste. 300 P&ge 6 

COWfP'LAINT 

Portland, Oregon 97204 

Telephone: 503.245.1518 

Facsimile: 503.245.1417 

Case 3:15-cv-00211-SI Document 1 Filed 02/06/15 Page 6 of 12
37. It was foreseeable to RLI that Plaintiff would suffer additional 

damage, including incurring additional expenses and loss of use, as a 

consequence of RLI's breach of the duty of good faith and fair dealing. 

38. RLI failed to make payment, refused to make payment, and delayed 

payment for the loss to Plaintiffs motor home, in violation of the insurance 

policy, thus causing damage to Plaintiff. 

39. Plaintiff suffered consequential damages as a result of RLI's breach 

of the insurance policy, including, but not limited to, incurring additional costs 

to store the motor home, additional loss of use of the motor home that would 

not have occurred had RLI fully and promptly indemnified Plaintiff for his loss, 

and the cost to repair additional damage that the motor home has sustained 

due to exposure to the elements and lack of regular and routine maintenance. 

40. As a result of RLI's breach of the insurance contract, Plaintiff has 

sustained actual and consequential damages in an amount to be proven at 

trial. 

4 1. Plaintiff is entitled to recover his attorney fees pursuant to 

ORS 742.061. 

42. Plaintiff restates and incorporates herein by reference the 

allegations set forth in paragraphs 1-41 above. 

43. The LED light display installed in the motor home was defectively 

designed, inspected, tested, manufactured and installed in an unreasonably 

THIRD CLAIM FOR RELIE F 

(Strict Liability for Product Defects) 

(Against Defendants Tiffin Motor Homes, Inc., 

Command Electronics, Inc. and B. Young RV) 

117 SW Taylor Street, Ste. 300 

COMPLAINT 

Page 7 

Portland, Oregon 97204 

Telephone: 503.245.1518 

Facsimile; 503.245.1417 

Case 3:15-cv-00211-SI Document 1 Filed 02/06/15 Page 7 of 12
dangerous condition at the time it left the control of Command, Tiffin, and 

Young. 

44. The condition of the LED light display at the time of the Fire was 

intended to be, and was, substantially the same as when it left the hands of 

Tiffin, Command, and Young. 

45. The LED light display was defectively designed, inspected, tested, 

manufactured and installed because: 

a. it was unsafe when used in the manner promoted by 

Command, Tiffin, and Young and in a manner reasonably foreseeable by them; 

b. the risks of danger in the design, inspection, testing, 

manufacturing and installation outweigh the benefits of it; 

c. it failed to perform as safely as an ordinary consumer would 

expect when used in the manner promoted by Command, Tiffin, and Young; 

and 

d. it was designed, inspected, tested, manufactured and 

installed in a way that caused a substantial risk of fire and personal injury in 

the motor home. 

46. Plaintiff was using the LED light display in a manner intended and 

reasonably foreseeable to Command, Tiffin, and Young. 

47. Plaintiff was not aware of the defects in the LED light display at 

any time prior to the Fire. 

48. The foreseeable risks of harm to Plaintiff and Plaintiffs motor home 

could have been reduced or avoided by adopting a reasonable alternative 

design. 

/ / / 

•f. mm COMPLAINT 

/// • MALONEY] LAUERSDORF iRtlNEKp 

117 SW Taylor Street, Ste- 300 Page 8 

Portland, Oregon 97204 

Telephone: 503.245.1518 

Facsimile: 503.245.1417 

Case 3:15-cv-00211-SI Document 1 Filed 02/06/15 Page 8 of 12
49. The defective design, inspection, testing, manufacturing and 

installation of the LED light display was the factual and proximate cause of the 

damage to Plaintiffs motor home. 

50. As a result of the defective design, inspection, testing, 

manufacturing and installation, Plaintiff has sustained general and special 

damages in an amount to be proven at trial. 

FOURTH CLAIM FOR RELIE F 

(Strict Liability for Failure to Warn) 

(Against Defendants Tiffin Motor Homes, Inc., 

Command Electronics, Inc. and B. Young RV) 

51. Plaintiff restates and incorporates herein by reference the 

allegations set forth in paragraphs 1-50 above. 

52. Command, Tiffin, and Young knew or reasonably should have 

known about the defects in the LED light display at the time it left their 

control. 

53. Command, Tiffin, and Young are strictly liable in failing to warn 

Plaintiff that the LED light display posed an unreasonable risk of fire and 

personal injury in the motor home. 

54. Command, Tiffin, and Young had an ongoing and continuing 

obligation to warn Plaintiff about the dangers arising from the LED light 

display, and the Defendants failed to so warn. 

55. Command, Tiffin, and Young also had a new and independent 

obligation to warn Plaintiff about the dangers arising from the LED light 

display after Plaintiff brought the motor home in for repairs, and the 

Defendants failed to so warn. 

r MALONEY i LAUERSDORF ! RUNERrc COMPLAINT 

117 SW Taylor Street, Ste. 300 Page 9 

Portland, Oregon 97204 

Telephone: 503.245.1518 

Facsimile: 503.245.1417 

Case 3:15-cv-00211-SI Document 1 Filed 02/06/15 Page 9 of 12
56. Command, Tiffin, and Young's failure to warn was the factual and 

proximate cause of Plaintiffs injuries and damage. 

57. As a result of Command, Tiffin, and Young's failure to warn, 

Plaintiff has sustained general and special damages in an amount to be proven 

at trial. 

FIFTH CLAIM FOR RELIE F 

(Negligence) 

(Against Defendants Tiffin Motor Homes, Inc., 

Command Electronics, Inc. and B. Young RV) 

58. Plaintiff restates and incorporates herein by reference the 

allegations set forth in paragraphs 1-57 above. 

59. Command, Tiffin, and Young had a duty to protect Plaintiff from 

unreasonable risk of harm from the LED light display. 

60. Command, Tiffin, and Young were negligent in: 

a. defectively designing, inspecting, testing, manufacturing and 

installing the LED light display; and/or 

b. failing to warn Plaintiff that the LED light display posed an 

unreasonable risk of fire and personal injury in the motor home. 

61. The negligence of Command, Tiffin, and Young arose at the time 

the Plaintiff purchased the motor home and thereafter on a continuing basis up 

to and including the date of the Fire. 

62. The negligence of Command, Tiffin, and Young also separately 

arose at the time the Plaintiff sought repairs to the motor home. 

63. Command, Tiffin, and Young's negligence was the factual and 

proximate cause of Plaintiffs injuries and damage. 

' OOIWPT ATNT 

MALONEY ] LAUERSDORE : REINEKrc V^V*1M.. T X 

117 SW Taylor Street, Ste. 300 Page 10 

Portland, Oregon 97204 

Telephone: 503.245.1518 

Facsimile: 503.245.1417 

Case 3:15-cv-00211-SI Document 1 Filed 02/06/15 Page 10 of 12
64. As a result of Command, Tiffin, and Young's negligence, Plaintiff 

has sustained general and special damages in an amount to be proven at trial. 

65. Plaintiff restates and incorporates herein by reference the 

allegations set forth in paragraphs 1-64 above. 

66. The conduct of Command, Tiffin, and Young described herein 

constitutes a violation of the Oregon Unfair Trade Practices Act (UTPA), 

including a violation of ORS 646.608(l)(u). 

67. As a result of the violation of the Oregon UTPA by Command, 

Tiffin, and Young, Plaintiff sustained an ascertainable loss in an amount to be 

proven at trial. 

68. Upon information and belief, Command, Tiffin, and Young willfully 

violated the Oregon UTPA as the term "willful" is defined in ORS 646.605(10). 

69. Plaintiff has a right to recover his attorney fees, costs, 

disbursements, and punitive damages pursuant to ORS 646.638. 

WHEREFORE, Plaintiff Craig Lowenberg prays for the following relief: 

1. Judgment against each of the Defendants and in favor of Plaintiff 

on all claims for relief stated herein: 

2. On Plaintiffs First and Second Claims for Relief for actual and 

consequential damages according to the proof at the time of trial, and for 

attorney fees, costs, and disbursements pursuant to ORS 742.061; 

SIXTH CLAIM FOR RELIE F 

(Violation of the Oregon Unfair Trade Practices Act (UTPA)) 

(Against Defendants Tiffin Motor Homes, Inc., 

Command Electronics, Inc. and B. Young RV) 

IV. PRAYER FOR RELIE F 

117 SW Taylor Street, Ste. 300 

COMPLAINT 

Page 11 

Portland, Oregon 97204 

Telephone: 503.245.1518 

Facsimile; 503.245.1417 

Case 3:15-cv-00211-SI Document 1 Filed 02/06/15 Page 11 of 12
3. On Plaintiffs Third, Fourth and Fifth Claims for Relief for special 

and general damages according to proof at the time of trial, and exemplary or 

punitive damages in equity or as otherwise permitted by law; 

4. On Plaintiffs Sixth Claim for Relief for compensatory or statutory 

damages according to proof at the time of trial, punitive damages pursuant to 

ORS 646.638, together with other costs and reasonable attorney fees pursuant 

to ORS 646.638; 

5. On all of Plaintiffs claims for pre-judgment and post-judgment 

interest; 

6. On all of Plaintiffs claims for Plaintiffs costs, disbursements, and 

attorney fees as permitted by equity or otherwise under Oregon law; and 

7. Such other and further relief as the Court deems just and 

equitable. 

DATED: February 6, 2015 

MALONEY LAUERSDORF REINER, PC 

By /s/ Nicholas A. Thede 

Andrew C. Lauersdorf, OSB No. 980739 

E-Mail: acl(gjcoveragelit.com 

Nicholas A. Thede, OSB No. 075460 

E-Mail: nt@coveragelit.com 

Telephone: 503.245.1518 

Attorneys for Plaintiff Craig Lowenberg 

j^^^ MALONEY lLAUtKSI>OHF ;REl\ERr c COMPLAINT 

117 SW Taylor Street, Ste. 300 Page 12 

Portland, Oregon 97204 

Telephone: 503.245.1518 

Facsimile: 503.245.1417 

Case 3:15-cv-00211-SI Document 1 Filed 02/06/15 Page 12 of 12