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TEMCO METAL PRODUCTS COMPANY v. ST. PAUL FIRE & MARINE INS.

543 P.2d 1 (1975)

TEMCO METAL PRODUCTS Company, an Oregon Corporation, Appellant, v. ST. PAUL FIRE & MARINE INSURANCE CO., a Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided December 12, 1975.

Attorney(s) appearing for the Case

George P. Haley, Portland, argued the cause for appellant. With him on the briefs was Carney, Haley, Probst & Levak, Portland.

Gerald R. Hayes, Portland, argued the cause and filed a brief for respondent.

HOLMAN, Justice.

This is an action for damages by an insured against its insurer for breach of a broad form comprehensive general liability insurance policy. The breach was claimed to have occurred when defendant refused to defend an action brought by a third party against the insured. Defendant demurred to plaintiff's complaint upon the basis that it did not state a cause of action. Plaintiff appeals from a judgment for defendant which resulted from the sustaining...

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