FALK v. SUL AMERICA TERRESTRES MARITIMOS, ETC.


465 P.2d 714 (1970)

Rollin L. FALK and John P. Aaronson, Appellants, v. SUL AMERICA TERRESTRES MARITIMOS E. ACCIDENTES COMPANHIA DE SEGUROS, Sul America Fire Marine and Accident Insurance Company, Respondent, Douglas Versteeg, Respondent-Cross-Appellant.

Supreme Court of Oregon, In Banc.

Decided February 27, 1970.


Attorney(s) appearing for the Case

Lyle C. Velure, Medford, argued the cause for appellants Falk and Aaronson. Randolph Slocum, Roseburg, argued the cause for respondent-cross-appellant Versteeg. On the briefs were Collins, Redden, Ferris & Velure, Medford, and Randolph Slocum, Roseburg.

Alonzo P. Stiner, Portland, argued the cause for respondent. With him on the brief were Veatch, Lovett & Stiner, Portland.


SLOAN, Justice.

This is a declaratory judgment action challenging the refusal of defendant insurance company to defend a malpractice action. The two plaintiffs are osteopaths who were sued for malpractice. Defendant had malpractice insurance coverage for each plaintiff. It refused to defend the malpractice action on the grounds of failure of notice as required by the policies. Defendant claims, and the trial court found that plaintiffs were aware of the potential...

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