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LAMINATED WOOD PRODUCTS v. PEDERSEN

79-12-16, 256-L; CA A30782.

711 P.2d 165 (1985)

76 Or.App. 662

LAMINATED WOOD PRODUCTS, Co., a Corporation, and Fred W. Huling, Jr., Respondents v. John T. PEDERSEN, Dba Pedersen Insurance, Defendant, Utica Mutual Insurance Company, Appellant, John T. Pedersen, Dba Pedersen Insurance, Third-Party Plaintiff, Utica Mutual Insurance Company, Appellant, v. Fireman's Fund Insurance Company, a Corporation, Respondent.

Court of Appeals of Oregon.

Decided December 4, 1985.

Attorney(s) appearing for the Case

Paul R. Duden, Portland, argued the cause for appellants. With him on briefs was Tooze Kerr Marshall & Shenker, Portland.

Gary V. Abbott, Portland, argued the cause for respondents. With him on brief were Emil R. Berg, and Hallmark, Griffith & Keating, P.C., Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Laminated Wood Products Co. (Lamwood) commenced this action to recover for Fireman's Fund Insurance Co.'s (Fireman's) alleged breach of contract in failing to defend litigation and pay a judgment against Lamwood, its insured. An alternate theory for recovery was that Fireman's agent, Pedersen, insured by Utica Mutual Insurance Co. (Utica), was negligent in failing to procure insurance that would have covered the claim against Lamwood and for failure...

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