MUTUAL OF ENUMCLAW INS. CO. v. GUTMAN

(16-98-12462; CA A106916).

21 P.3d 101 (2001)

172 Or. App. 528

MUTUAL OF ENUMCLAW INSURANCE COMPANY, Appellant, v. Virginia GUTMAN, Donald Gutman, Dove Gutman, Fawn Carr, and Mathew Carr, individually and as guardian ad litem for Aaron Carr and Heather Carr, Respondents.

Court of Appeals of Oregon.

Decided February 21, 2001.


Attorney(s) appearing for the Case

Thomas M. Christ, Portland, argued the cause for appellant. With him on the briefs was Mitchell, Lang & Smith.

J. Marie Bischman, Salem, argued the cause for respondents Virginia Gutman, Donald Gutman, Dove Gutman, and Fawn Carr. With her on the brief were Robert L. Winkler and Parks, Bauer, Sime & Winkler.

No appearance by respondent Mathew Carr.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.


BREWER, J.

The issue in this case is whether plaintiff, Mutual of Enumclaw Insurance Company, was obligated to defend its insureds, Donald and Virginia Gutman and their daughter, Fawn Carr, in an action brought against them that included a claim for false imprisonment. The trial court granted summary judgment to the insureds, declaring that plaintiff owed them a duty of defense. We affirm.

In 1992, plaintiff issued...

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