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UNITED PAC. INS. CO. v. PACIFIC NORTHWEST

No. A 7606-08005; CA 10786.

593 P.2d 1278 (1979)

39 Or.App. 873

UNITED PACIFIC INSURANCE COMPANY, a Washington Corporation, Appellant, v. PACIFIC NORTHWEST Research Foundation, Dr. Carl G. Heller, Mavis Rowley, Respondents, Donald Mathena, Robert R. Tribble, Baxter Hignite, Ivan Dale Hetlund, John H. Atkinson, Hal Dean Waltz, Paul C. Tyrrell and Robert W. Case, Defendants.

Court of Appeals of Oregon.

Decided April 23, 1979.

Attorney(s) appearing for the Case

I. Franklin Hunsaker, Portland, argued the cause for appellant. With him on briefs were Douglas G. Houser, and Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland.

Cleveland C. Cory, of Davies, Biggs, Strayer, Stoel & Boley, Portland, argued the cause for respondents. With him on brief was Jeffrey Michael Alden, Portland.

Before SCHWAB, C.J., RICHARDSON, and ROBERTS, JJ, and BRYSON, Judge Pro Tempore.

BRYSON, Judge, Pro Tem.

Plaintiff insurance company brought this declaratory judgment proceeding seeking a declaration that plaintiff was not obligated to represent defendants in lawsuits resulting from certain medical experiments conducted by defendants. Plaintiff also sought a declaration that it was not obligated to pay for any losses resulting from those experiments.

Both sides moved for summary judgment, which was denied.1

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