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MINNIS v. OREGON MUTUAL INS. CO.

(CC C96-1230-CV; CA A98241; SC S46892).

48 P.3d 137 (2002)

334 Or. 191

John MINNIS and Little John's Pizza Co., LLC, Respondents on Review, v. OREGON MUTUAL INSURANCE COMPANY, Petitioner on Review.

Supreme Court of Oregon.

Decided June 7, 2002.

Attorney(s) appearing for the Case

William G. Earle, Portland, argued the cause for petitioner on review. With him on the briefs were Alan Gladstone and Abbott, Davis, Rothwell, Mullin & Earls, P.C.

Christopher A. Rycewicz, Portland, argued the cause for respondents on review. With him on the briefs were Rycewicz & Chenoweth, LLP and Michael J. Knapp, of Myers & Knapp.

Kenneth Shiroishi, Portland, filed a brief on behalf of amicus curiae Oregon Association of Defense Counsel.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, LEESON, RIGGS, and De MUNIZ, Justices.

De MUNIZ, J.

In this insurance case, we are asked to determine whether Oregon Mutual Insurance Company (defendant) had a duty to defend its insured, Little John's Pizza (Little John's), in a tort action by a former Little John's employee, Winters. After that action was settled, Little John's and its owner, John Minnis (Minnis), brought this action against defendant. The trial court entered summary judgment in favor of defendant. The Court of Appeals reversed that...

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