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INTERSTATE FIRE & CAS. v. ARCHDIOCESE OF PORTLAND

Civ. No. 88-934-FR.

899 F.Supp. 498 (1995)

INTERSTATE FIRE & CASUALTY COMPANY, an Illinois corporation, Plaintiff, v. ARCHDIOCESE OF PORTLAND IN OREGON, an Oregon corporation; Underwriters at Lloyd's, London, subscribing to policies numbered SL 3391/SLC 5411 and SL 3831/SLC 5843; Excess Ins. Co. Ltd., a United Kingdom corporation; Yasuda Fire & Marine Ins. Co. Ltd. (U.K.), a United Kingdom corporation; Terra Nova Ins. Co. Ltd., a United Kingdom corporation; Certain Other Underwriters subscribing to policies SL 3391/SLC 5411 and SL 3831/SLC 5843; and Universal Reinsurance Corp., a New Jersey corporation, successor to Bellafonte Ins. Co., Defendants.

United States District Court, D. Oregon.

September 14, 1995.

Attorney(s) appearing for the Case

William D. Okrent, Acker & Okrent, Portland, OR, Timothy J. McNamara, Onebane, Donohoe, Bernard, Torian, Diaz, McNamara & Abell, Lafayette, LA, for plaintiff.

Thomas V. Dulcich, Peter A. Ozanne, Schwabe, Williamson & Wyatt, Portland, OR, for defendant Archdiocese of Portland in Oregon.

Milo Petranovich, Lane, Powell, Spears & Lubersky, Portland, OR, Richard F. Johnson, Lord, Bissell & Brook, Chicago, IL, for defendants Underwriters at Lloyd's, London; Excess Ins. Co. Ltd.; Yasuda Fire & Marine Ins. Co. Ltd. (U.K.); Terra Nova Ins. Co. Ltd.; and Universal Reinsurance Corp.

FRYE, District Judge.

The matters before the court are the motions of the plaintiff, Interstate Fire & Casualty Company (Interstate), for summary judgment (# 175) and to strike the affidavit of Barry M. Maletsky, M.D. (# 192).

FACTUAL AND PROCEDURAL BACKGROUND

In 1985, Fred Grgich sued the Archdiocese of Portland alleging that he had been sexually abused over a period of years by a priest employed by the Archdiocese. At the time that the claim...

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