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ALBERTSON'S INC. v. GREAT S.W. FIRE INS.

8409-05360; CA A38749.

732 P.2d 916 (1987)

83 Or.App. 527

ALBERTSON's INC., an Idaho Corporation, Appellant, v. GREAT SOUTHWEST FIRE INSURANCE COMPANY, an Arizona Corporation, Respondent.

Court of Appeals of Oregon.

Decided February 11, 1987.

Reconsideration Denied April 10, 1987.

Attorney(s) appearing for the Case

Nickolas J. Dibert, Portland, argued the cause for appellant. With him on briefs were I. Franklin Hunsaker and Bullivant, Houser, Bailey, Hanna, Pendergrass, Hoffman, O'Connell & Goyak, Portland.

Jeffrey L. Dye, Portland, argued the cause for respondent. With him on brief was Hagen & Dye, P.C., Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Plaintiff brought this action against defendant insurer to recover indemnity for the judgment and the defense costs in a tort action which defendant refused to defend on plaintiff's behalf. The trial court granted defendant's motion for summary judgment and denied plaintiff's cross-motion. Plaintiff appeals from the resulting judgment, and we reverse.

Plaintiff engaged Risk Protection...

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