COMPLAINT Page 1 of 4

Taylor & Tapper

400 E 2nd Ave, Suite 103

Eugene, OR 97401

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

R. Scott Taylor, OSB No. 74324

400 E 2nd Ave., Suite 103

Eugene, OR 97401

Tel (541) 485-1511

Fax (541) 246-2424

Scott@taylortapper.com

Clinton L. Tapper, OSB No. 084883

400 E 2nd Ave., Suite 103

Eugene, OR 97401

Tel (541) 485-1511

Fax (541) 246-2424

Clinton@taylortapper.com

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PENDELTON DIVISION

ROBERT AND HELEN CORBARI, 

 Plaintiff(s),

 vs.

GRANGE INSURANCE ASSOCIATION,

 Defendant(s).

CASE NO.: 2:15-cv-1699

COMPLAINT 

Breach of Contract, 

Claim over $75,000

 

JURY TRIAL REQUESTED

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

VENUE AND JURISDICTION

1. Plaintiffs live in Malheur County Oregon and are domiciled in Oregon.

2. Defendant is an insurance corporation authorized to issue insurance and conduct business 

in the State of Oregon, but is a foreign carrier with its principal place of business in King 

County Washington and headquartered in Washington.

3. This Court has diversity jurisdiction over the parties pursuant to 28 U.S.C. 

Case 2:15-cv-01699-SU Document 1 Filed 09/08/15 Page 1 of 4
COMPLAINT Page 2 of 4

Taylor & Tapper

400 E 2nd Ave, Suite 103

Eugene, OR 97401

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

4. Sections 1332 and 2201. The amount in controversy exceeds $75,000 exclusive of costs 

and interest.

5. Under 28 U.S.C. section 1391 and L.R. 3.4., Venue and Jursdiction is proper in the 

Pendleton Division of Oregon. The fire loss occurred in Malheur County Oregon and the 

most convenient location for trial of this matter is in Pendleton Oregon. 

FIRST CLAIM FOR RELIEF: BREACH OF CONTRACT

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

Oregon, and commonly referred to as 4087 Kiger Road, Jordon Valley, Oregon, hereafter 

the “premises”. Located on this premise was two single family dwellings, one was lived 

in by plaintiffs.

7. Plaintiffs had purchased a Farmpak insurance Policy from defendant, Policy Number 

FP01022346, hereafter the “Policy,” which was in effect on or about November 22 2014, 

naming the plaintiffs and Flagg Ranch as the insured.

8. On or about November 22 2014, a fire occurred that damaged a barn on the premises, 

rendering it useless, and ruining and destroying the contents therein.

9. Under the terms, conditions, limitations and exceptions contained in the policy, the policy 

provided replacement cost and actual cost value insurance coverage for the structure and 

the contents located in the barn, plus the expense of debris removal, with additional 

coverage’s under the terms and conditions of the policy from losses due to perils such as 

fire. 

10. Plaintiffs have submitted a claim for the damage caused by this fire.

11. Plaintiffs have done everything on their part under the policy to be performed.

Case 2:15-cv-01699-SU Document 1 Filed 09/08/15 Page 2 of 4
COMPLAINT Page 3 of 4

Taylor & Tapper

400 E 2nd Ave, Suite 103

Eugene, OR 97401

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

12. Plaintiffs notified an agent of Defendant on or about November 22 2014 of the fire loss. 

Defendant began its investigation of this loss at the burn site soon upon receiving notice. 

13. Defendant accepted the claim and has made some payments for the damaged barn and 

debris removal, but defendant has failed, refused, delayed and neglected to pay this claim 

in full. 

14. This failure to pay in full constitutes a breach of the Policy.

15. Defendant’s failure and refusal to pay the full amounts due under the policy constitute a 

breach of the duty of good faith and fair dealing owed under the contract. 

16. As a result of the breach of contract by defendant, plaintiffs have suffered damages in the 

amount:

a. $80,000 for loss to supplies, tack and other farm, business and personal property;

b. $20,000 unpaid damages to replace the barn;

17. 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 November 22 2014 until 

paid.

18. 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.

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Case 2:15-cv-01699-SU Document 1 Filed 09/08/15 Page 3 of 4
COMPLAINT Page 4 of 4

Taylor & Tapper

400 E 2nd Ave, Suite 103

Eugene, OR 97401

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

WHEREFORE, Plaintiffs pray that they recover: economic damages as alleged above, costs and 

disbursements incurred herein, attorney’s fees as described above, and any other such relief the 

Court deems just and proper. 

DATED: 9/8/2015

/s/ R. Scott Taylor

 _______________________________________ 

 R. Scott Taylor, Attorney for Plaintiff 

 400 E 2nd Ave, Suite 103 

 Eugene, OR 97401

 Ph: 541-485-1511 / fax: 541.246-2424

Case 2:15-cv-01699-SU Document 1 Filed 09/08/15 Page 4 of 4