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FRED SHEARER & SONS, INC. v. GEMINI INS. CO.

0507-07126; A136818 (Control), A140007.

240 P.3d 67 (2010)

237 Or. App. 468

FRED SHEARER & SONS, INC., an Oregon corporation, Plaintiff-Respondent, v. GEMINI INSURANCE COMPANY, a Delaware corporation, Defendant-Appellant. Gemini Insurance Company, a Delaware corporation, Counterclaim Plaintiff, v. Fred Shearer & Sons, Inc., an Oregon corporation, Counterclaim Defendant.

Court of Appeals of Oregon.

Decided September 29, 2010.

Attorney(s) appearing for the Case

Todd S. Baran argued the cause and filed the briefs for appellant.

John L. Langslet, Portland, argued the cause for respondent. With him on the brief were Joan L. Volpert and Martin, Bischoff, Templeton, Langslet & Hoffman LLP.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

SCHUMAN, J.

Defendant Gemini Insurance Company insured TransMineral USA, a distributor of a stucco product. Plaintiff Fred Shearer & Sons, Inc. (Shearer) installed that product on the exterior of a residence. The product allegedly failed, and the property owners sued their general contractor who, in turn, sued Shearer and TransMineral. Shearer then tendered the defense of that underlying action to Gemini, on the theory that the policy issued by Gemini to TransMineral...

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