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McGAUGHEY v. ST. PAUL FIRE & MARINE INS.

85-C-614752; CA A42702.

744 P.2d 598 (1987)

88 Or.App. 181

Virginia R. McGaughey and Earl E. McGaughey, Appellants, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a Foreign Corporation, Respondent.

Court of Appeals of Oregon.

Decided October 28, 1987.

Attorney(s) appearing for the Case

Richard S. Yugler, Portland, argued the cause and filed the brief for appellants.

Paul Silver, Portland, argued the cause and filed the brief for respondent.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

This is an action for breach of a comprehensive general liability insurance contract issued by defendant to plaintiffs, who seek to recover the cost of defending a workers' compensation claim. The claim was filed by plaintiffs' former employe. Plaintiffs tendered defense of the claim, and defendant refused the tender. The trial court held that, under the terms of the insurance contract, defendant had no duty to defend. Plaintiffs appeal, and we affirm...

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