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NIELSEN v. ST. PAUL COMPANIES

TC 76 03 03809; SC 25478.

583 P.2d 545 (1978)

John L. NIELSEN, Respondent, v. The ST. PAUL COMPANIES, Appellant.

Supreme Court of Oregon, Department 1.

Decided September 12, 1978.

Attorney(s) appearing for the Case

Gerald R. Hayes, Portland, argued the cause and filed briefs for appellant.

Thomas L. Gallagher, Jr., of Hardy, Buttler, McEwen, Weiss & Newman, Portland, argued the cause and filed a brief for respondent.

Before HOLMAN, P.J., and HOWELL, BRYSON and LENT, JJ.

HOLMAN, Justice.

This is an action by an insured against his liability insurer to recover a sum paid in settlement of an action against the insured plus the cost of defense in that case and his attorney fees in the present action. The insurance company appeals from a judgment for the insured.

The insurer issued plaintiff a storekeeper's liability policy which contained the following coverage:

"The Company will pay on behalf of the Insured all sums...

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