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GOVERNMENT EMPLOYEES INSURANCE CO. v. HERRING

477 P.2d 903 (1970)

GOVERNMENT EMPLOYEES INSURANCE COMPANY, a Corporation, Appellant, v. William O. HERRING, and Florian J. Shasky, Respondents.

Supreme Court of Oregon.

Decided December 16, 1970.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., Portland, argued the cause for appellant. With him on the briefs were Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

Robert H. Grant, Medford, argued the cause for respondent Shasky. On the brief were Kelly & Grant, Medford.

Robert A. Boyer, Medford, argued the cause but filed no brief for respondent Herring.

Before O'CONNELL, C.J., and McALLISTER, DENECKE, HOLMAN, HOWELL and MENGLER, JJ.

HOLMAN, Justice.

Plaintiff, an insurance company, brought a declaratory judgment proceeding to determine whether it was required by its liability policy to defend its insured, the defendant Herring, in an action brought against him by the other defendant, Shasky. Plaintiff contended it was relieved from its obligation to defend Herring because he had failed to give it notice of the accident with Shasky "as soon as practicable" as required by the policy. Both defendants...

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