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ALLSTATE INS. CO. v. SAFECO INS. CO.

A8711-06832; CA A50099.

781 P.2d 399 (1989)

99 Or.App. 162

ALLSTATE INSURANCE COMPANY, an Illinois Corporation, Appellant-Cross-Respondent, v. SAFECO INSURANCE CO., a Washington Corporation, Respondent-Cross-Appellant, and Continental Casualty Company, an Illinois Corporation, Respondent-Cross-Respondent.

Court of Appeals of Oregon.

Decided October 25, 1989.

Attorney(s) appearing for the Case

Jay R. Chock, Portland, argued the cause for appellant-cross-respondent. With him on the briefs were James E. Shadduck and Zikes, Kayser, Heald & Chock, P.C., Portland, and William T. Barker, Nancy J. Strout and Sonnenschein Carlin Nath & Rosenthal, Chicago, Ill.

Jeffrey C. Jacobs, Lake Oswego, argued the cause and filed the briefs for respondent-cross-appellant.

Paul L. Roess, Portland, argued the cause for respondent-cross-respondent. On the brief were Jas J. Adams and Acker, Underwood, Norwood & Hiefield, Portland.

Before BUTTLER, P.J., and ROSSMAN and GRABER, JJ.

GRABER, Judge.

In November 1985, plaintiff's insured and his passenger were injured when their car collided with a car whose driver had a motor vehicle liability policy issued by defendant Safeco Insurance Co. (Safeco) and an umbrella policy from defendant Continental Casualty Company (Continental). Defendants' insured was at fault in the accident. Defendants settled with plaintiff's insured and his passenger for the policy limits. In addition, plaintiff paid its...

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