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INS CO. OF STATE OF PA. v. A.J. ZINDA CO.

Nos. A7806-09894, A7807-11958; CA16928.

620 P.2d 504 (1980)

49 Or.App. 589

THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Respondent, v. A.J. ZINDA COMPANY, an Oregon Corporation, Appellant. A.J. Zinda Company, an Oregon Corporation, Appellant, v. The Insurance Company of the State of Pennsylvania, Respondent, and The Northern Assurance Company of America, Defendant.

Court of Appeals of Oregon.

Decided December 8, 1980.

Attorney(s) appearing for the Case

Paul R. Meyer, Portland, argued the cause for appellant. With him on the briefs was Kobin & Meyer, Portland.

Michael J. Gentry, Portland, argued the cause for respondent. With him on the brief was Tooze, Kerr, Marshall & Shenker, Portland.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.

THORNTON, Judge.

Plaintiff A.J. Zinda Company appeals from a judgment for defendant, plaintiff's umbrella liability insurer, in this action on the insurance contract. The general issue is whether defendant had a duty to defend plaintiff in litigation through which Ellingson Lumber Company (Ellingson) sought damages attributable to equipment plaintiff sold Ellingson. The specific question is whether the insurance contract excluded coverage for damage to equipment which...

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