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OREGON AUTOMOBILE INSURANCE CO. v. FITZWATER

531 P.2d 894 (1975)

OREGON AUTOMOBILE INSURANCE COMPANY, Appellant, v. Clarence L. FITZWATER et al., Respondents.

Supreme Court of Oregon, In Banc.

Decided February 13, 1975.

Attorney(s) appearing for the Case

John R. Faust, Jr., of Hardy, Buttler, McEwen, Weiss & Newman, Portland, argued the cause and filed the briefs for appellant.

Arthur C. Johnson, Eugene, argued the cause for respondents Collins. With him on the brief were John E. Frohnmayer and Johnson, Johnson & Harrang, Eugene.

TONGUE, Justice.

This is an action for declaratory judgment by an insurance company against an attorney to whom it had issued a policy of malpractice insurance. By its complaint the insurance company alleges that defendant attorney failed to notify it upon becoming aware of facts which might reasonably be expected to be the basis of a claim against him for legal malpractice, as required by provisions of the insurance policy.

Based upon that contention, plaintiff...

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