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GENERAL INS. CO. v. WESTERN AMERICAN DEV.

No. 78-1072; CA 13339.

603 P.2d 1245 (1979)

43 Or.App. 671

GENERAL INSURANCE COMPANY OF AMERICA, a Corporation, Respondent, v. WESTERN AMERICAN DEVELOPMENT COMPANY, Inc., an Oregon Corporation, and Alfred Allen, Appellants.

Court of Appeals of Oregon.

Decided December 10, 1979.

Attorney(s) appearing for the Case

Leslie M. Swanson, Jr., Eugene, argued the cause for appellants. With him on the briefs were Martha W. Reidy and Johnson, Harrang & Mercer, Eugene.

Carrell F. Bradley, Hillsboro, argued the cause for respondent. With him on the brief was Schwenn, Bradley & Batchelor, Hillsboro.

Before BUTTLER, P.J., and GILLETTE and ROBERTS, JJ.

ROBERTS, Judge.

This is a declaratory judgment action in which plaintiff, General Insurance Company of America (General Insurance) seeks a determination as to its duty to defend and to indemnify its insured, defendant Western American Development Company, Inc. (Western American). The trial court granted plaintiff's motion for summary judgment and held that General Insurance had no duty to defend Western American. We affirm.

This dispute between insurer and...

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