COMPLAINT Page 1 of 4

Taylor & Tapper

400 E 2nd Avenue, Suite 103

Eugene, OR 97401

Ph: (541) 485–1511 / Fax: (541) 264–4866

R. Scott Taylor, OSB No. 74324

Clinton L. Tapper, OSB No. 084883

400 E 2nd Ave., Suite 103

Eugene, OR 97401

Tel (541) 485-1511

Fax (541) 246-2424

Scott@taylortapper.com

Clinton@taylortapper.com

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

MEDFORD DIVISION

MICHAEL W. SMITH and WALTER W. 

SMITH,

Plaintiffs,

vs.

MUTUAL OF ENUMCLAW INSURANCE 

COMPANY, a Washington corporation,

 Defendant.

CASE NO.: 

COMPLAINT

BREACH OF CONTRACT

JURY TRIAL REQUESTED

COMES NOW the Plaintiffs, represented by the undersigned attorney, and alleges as follows:

SHORT SUMMARY

1. This is a suit for breach of contract stemming from failure or refusal of Mutual of 

Enumclaw Insurance Company (herein “MOE” or “Defendant”) to pay insurance benefits owed 

to Michael W. Smith and Charles A. Smith (herein “Plaintiffs”) for their burglary loss.

JURISDICTION AND VENUE

2. Plaintiffs are and have been at all times material to this complaint, individuals domiciled 

in Josephine County, Oregon.

Case 1:14-cv-01143-PA Document 1 Filed 07/17/14 Page 1 of 4
COMPLAINT Page 2 of 4

Taylor & Tapper

400 E 2nd Avenue, Suite 103

Eugene, OR 97401

Ph: (541) 485–1511 / Fax: (541) 264–4866

3. Defendant is a corporation, incorporated under the laws of Washington State, with its 

principal place of business in Washington. Defendant is licensed to do business in the state of 

Oregon and is subject to the laws of Oregon.

4. The amount in controversy is over $75,000 and the principal acts and omissions forming 

the basis of this complaint took place in Josephine County, Oregon. This Court has diversity 

jurisdiction over the parties pursuant to 28 USC sections 1332 and 2201.

5. Venue in this district is proper under 28 USC section 1391 and the most convenient 

location for trial of this matter is in Medford, Oregon.

FACTS MATERIAL TO ALL CLAIMS FOR RELIEF

6. Plaintiffs were the beneficial owners of certain real property located in Josephine County, 

Oregon, and commonly referred to as 958 W. Park Street, Grants Pass, Oregon (the “Premises”). 

Located on the Premises was a single family residence occupied entirely by plaintiff Michael W. 

Smith and his father, Charles A. Smith.

7. Both plaintiffs and Charles Smith owned personal property kept on the Premises.

8. Plaintiffs had purchased an insurance home owners policy numbered HO71275240 from 

defendant (the “Policy”), which was in effect at all times material hereto. The Policy named the 

plaintiffs as the insured and 958 W. Park Street, Grants Pass, Oregon, as the residence premises.

9. On or about July 18, 2012 to July 20, 2012, while plaintiffs and Charles Smith were away 

from the residence, a burglary occurred in which personal property owned by plaintiffs and 

Charles Smith was stolen. This personal property was not recovered.

10. Plaintiffs promptly notified both the police and defendant upon learning of the theft of 

theirs and Charles Smith’s property from the Premises.

12. Plaintiffs have submitted a claim for the loss of personal property caused by this theft in 

an amount that exceeds the limits of the Policy for this type of loss. The actual cash value of the 

stolen personal property exceeds $107,610. The actual replacement cost of the stolen property 

does not exceed $160,000.

Case 1:14-cv-01143-PA Document 1 Filed 07/17/14 Page 2 of 4
COMPLAINT Page 3 of 4

Taylor & Tapper

400 E 2nd Avenue, Suite 103

Eugene, OR 97401

Ph: (541) 485–1511 / Fax: (541) 264–4866

FIRST CAUSE OF ACTION: BREACH OF CONTRACT

13. Plaintiff herein re-alleges and re-incorporates all preceding paragraphs into this cause of 

action. 

14. Plaintiffs have performed all parts and conditions required on their part under the Policy.

15. Plaintiffs have demanded payment pursuant to the terms of the Policy.

16. Subject to the terms, limitations and conditions of the policy, losses to personal property 

due to perils such as theft are a covered loss.

17. Under the terms, conditions, limitations and exceptions contained in the Policy, the 

Policy provided replacement cost insurance coverage for personal property owned or used by 

plaintiffs while it is anywhere in the world. Additionally, at the request of plaintiffs, defendant 

will cover personal property owned by others while the property is on part of the resident 

premises occupied by plaintiff. Plaintiffs have requested that defendant cover personal property 

owned by Charles A. Smith. 

18. Although defendant has paid $500 for the stolen personal property, defendant has failed, 

refused, delayed and neglected to pay this claim in full. This constitutes a breach of the Policy

and there is due and owing $107,110.

19. Plaintiffs are entitled to recover prejudgment interest at the legal rate of 9% per annum 

that has accrued on each past due benefit under the policy from July 20, 2012 until paid. 

20. Plaintiffs have been required to retain the services of an attorney in this matter and should 

be awarded their reasonable attorney fees incurred herein pursuant to ORS 742.061.

PRAYER

WHEREFORE, Plaintiffs pray that they recover as alleged above and for their costs and 

disbursements incurred herein. 

Case 1:14-cv-01143-PA Document 1 Filed 07/17/14 Page 3 of 4
COMPLAINT Page 4 of 4

Taylor & Tapper

400 E 2nd Avenue, Suite 103

Eugene, OR 97401

Ph: (541) 485–1511 / Fax: (541) 264–4866

DATED: 7/17/14

/S/ Brandon G. Braun

Brandon G. Braun, OSB # 133097

Of Attorneys for Plaintiffs

Case 1:14-cv-01143-PA Document 1 Filed 07/17/14 Page 4 of 4