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TERRAIN TAMERS v. INSURANCE MARKETING

04CV1367CC, A128616.

152 P.3d 915 (2007)

210 Or. App. 534

TERRAIN TAMERS CHIP HAULING, INC., Plaintiff-Appellant, v. INSURANCE MARKETING CORPORATION OF OREGON, a corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided January 31, 2007.

Attorney(s) appearing for the Case

Don Corson, Eugene, argued the cause for appellant. With him on the opening brief were Garrett Epps and The Don Corson Law Firm, P.C. With him on the reply brief were Joel S. DeVore and Luvaas Cobb.

Paul R. Duden, Portland, argued the cause for respondent. With him on the brief were Eric J. Neiman and Williams, Kastner & Gibbs PLLC.

Before LANDAU, Presiding Judge, and SCHUMAN and ROSENBLUM, Judges.

LANDAU, P.J.

At issue in this case is the extent to which a settlement agreement between an injured party and a tortfeasor precludes an action by the tortfeasor against its insurance agent. The trial court concluded that the settlement agreement had preclusive effect and entered summary judgment for the agent. The tortfeasor now appeals, arguing that the settlement agreement does not bar its action against the agent as a matter of law. We agree and therefore reverse...

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