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SAFECO INS. CO. v. BARNES

9304-02361; CA A82894.

891 P.2d 682 (1995)

133 Or. App. 390

SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, Respondent, v. Aaron BARNES, Debra L. Walsh and Patrick Walsh, Defendants, and James M. Kubalek, Appellant. James M. KUBALEK, Third-Party Plaintiff, v. BURGARD, FINKE & MILLER, INC., dba Miller Insurance, and John Doe, Third-Party Defendants.

Court of Appeals of Oregon.

Decided March 8, 1995.

Attorney(s) appearing for the Case

Larry Dawson, Portland, argued the cause and filed the briefs for appellant.

Michael A. Lehner, Portland, argued the cause for respondent. With him on the brief was Lehner, Mitchell, Rodrigues & Sears.

Before RIGGS, P.J., and De MUNIZ and LEESON, JJ.

LEESON, Judge.

This declaratory judgment action by plaintiff Safeco Insurance Company of America (Safeco) concerns Safeco's handling of a personal injury claim against its insured, defendant Kubalek. The primary issues are the applicability of certain exclusions in Kubalek's homeowner's policy and the viability of Kubalek's breach of fiduciary duty and negligence counterclaims against Safeco. Kubalek appeals from a summary judgment, entered in favor of Safeco, which...

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