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OREGON STATE BAR PLF v. BENFIT

060909811, A136910.

201 P.3d 936 (2009)

225 Or. App. 409

OREGON STATE BAR PROFESSIONAL LIABILITY FUND; Gregory C. Newton; and Newton Law Firm, P.C., an Oregon professional corporation, Plaintiffs-Respondents, v. Chad BENFIT and Lisa Benfit, husband and wife; Matthew Deitemeyer and Zida Deitemeyer, husband and wife; Michael Gross and Janice Gross, husband and wife; David Hubel and Jean Hubel, husband and wife; Matt Hubel and Jennifer Hubel, husband and wife; Marc Jenquin and Carol Jenquin, husband and wife; Ryan Hubel and Bede Hubel, husband and wife; Phil Courtney and Toby Courtney, husband and wife; Arlee Holm and Nancy Holm, husband and wife; Terry Basolo; Jack Basolo; Andrew Hubel; Isidro Davalos and Elfida Davalos, husband and wife; Ronald Namba; William McLeod and Gloria McLeod, trustees; Gary Guerber and Linda Guerber, husband and wife; Linn Whitaker and Barbara Whitaker, husband and wife; and Center For Enhanced Training, Inc., an Oregon corporation, Defendants-Appellants, and Richard Stillmock and Center for Enhanced Training, LLC, nka CETNW, LLC, Defendants.

Court of Appeals of Oregon.

Decided January 28, 2009.

Attorney(s) appearing for the Case

John M. Berman, Tigard, argued the cause and filed the briefs for appellants.

William G. Earle, Portland, argued the cause and filed the brief for respondents. With him on the brief was Davis Rothwell Earle & Xochihua P.C.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

EDMONDS, P.J.

Defendants appeal a declaratory judgment entered by the trial court in favor of plaintiffs pursuant to ORS 28.010. Defendants are investors in a business enterprise who, in an underlying action, brought claims against two attorneys (Case and Newton) who are insured against professional liability by the Oregon State Bar's professional liability fund (PLF). The issue in this case concerns the extent of coverage for liability provided by the PLF and whether...

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