GEORGETOWN REALTY, INC., an Oregon corporation, Petitioner on Review,
v.
The HOME INSURANCE COMPANY, a New Hampshire corporation, Respondent on Review.
Supreme Court of Oregon, In Banc.https://leagle.com/images/logo.png
Argued and Submitted April 4, 1991.
Decided April 23, 1992.
As Amended May 1, 1992.
Attorney(s) appearing for the Case
Larry Dawson, Portland, argued the cause, for petitioner on review and was on the petition with Kathryn H. Clarke, Portland.
I. Franklin Hunsaker, of Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland, argued the cause, for respondent on review. With him on the response to the petition were Lisa E. Lear and Douglas G. Houser. Also on the petition was Donald A. Greig, of Landerholm, Memovich, Lansverk & Whitesides, Inc., P.S., Vancouver, Wash.
Henry Kantor, of Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Ass'n.
Arthur C. Johnson, Eugene, filed a brief on behalf of amici curiae Wayne C. Annala, James G. Breathouwer, Frederic D. Canning, Wilford K. Carey, Thomas E. Cooney, Forest Evashevski, Jr., Gray, Francher, Holmes & Hurley, William E. Flinn, Christopher James, Joelson, Gould, Wilgers & Dorsey, P.C., John H. Kottkamp, Roderic S. MacMillan, Joseph J. McCarthy, Dennis W. Percell, Richard A. Roseta, Ray W. Shaw, James C. Tait, Thomas H. Tongue, Jan Thomas Baisch, William A. Barton, Burt, Swanson, Lathen, Alexander & McCann, Emmons, Kyle, Kropp, Kryger & Alexander, Ferder, Ogdahl, Brandt & Casebeer, Jeffrey P. Foote, Phil Goldsmith, John Paul Graff, Burl L. Green, James B. Griswold, Haugeberg, Rueter, Stone, Gowell & Fredericks, Johnson, Clifton, Larson & Bolin, P.C., Jolles, Sokol & Bernstein, Garry L. Kahn, Charles F. Mitchell, Marvin S. Nepom, Richard P. Noble, Charles P.A. Paulson, Pippin & Bocci, Pozzi, Wilson, Atchison & O'Leary, Ringo & Stuber, Elden M. Rosenthal, Linda J. Rudnick, John D. Ryan, E.B. Sahlstrom, Michael R. Shinn, Charles J. Strader, Welch, Bruun & Green, Williams, Troutwine & Bowersox, D. Lawrence Wobbrock, and Portland Bd. of Realtors.
William L. Hallmark and William G. Earle, Portland, filed a brief on behalf of amicus curiae Oregon Ass'n of Defense Counsel.
Supreme Court of Oregon, In Banc.
PETERSON, Justice.
This case involves an "excess claim"1 by an insured against its liability insurer. Plaintiff's first claim was for damages for breach of contract in the amount of a judgment returned against it in an earlier case, less amounts paid by defendant under its liability policy, and for attorney fees. Plaintiff's second claim was for damages for "breach of fiduciary duty," "damage to its professional reputation," lost income...
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