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STATE BY AND THROUGH OREGON DEPT. OF STATE LANDS v. PACIFIC INDEMNITY COMPANY

A175985.

536 P.3d 1105 (2023)

328 Or. App. 64

STATE of Oregon, acting BY AND THROUGH the OREGON DEPARTMENT OF STATE LANDS and the Oregon Department of Transportation, Plaintiff-Respondent, v. PACIFIC INDEMNITY COMPANY, as successor to all of the liabilities of Northwestern Pacific Indemnity Company et al., Defendants, and Arrowood Indemnity Company, as successor to all of the liabilities of Royal Globe Insurance Company, Defendant-Appellant.

Court of Appeals of Oregon.

September 13, 2023.

Attorney(s) appearing for the Case

Thomas M. Christ argued the cause for appellant. Also on the briefs were Sussman Shank LLP; Nicholas L. Dazer and Nicholas Dazer P.C.; and Alex E. Potente and Clyde & Co.

Michael E. Farnell, Portland, argued the cause for respondent. Also on the brief was Denise G. Fjordbeck, Assistant Attorney General.

Elizabeth Riegel and Crowell & Moring LLP filed the brief amicus curiae for American Property Casualty Insurance Association.

Before Tookey, Presiding Judge, and Egan, Judge, and Kamins, Judge.

The Oregon Department of Transportation (ODOT) brought this action against Arrowood Indemnity Company (Arrowood), an insurance company, seeking to establish Arrowood's duty to pay ODOT's defense costs in litigation by the Environmental Protection Agency (EPA) relating to the cleanup of environmental contamination at the Portland Harbor...

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