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TRANSAMERICA INS. CO. v. SUNNES

A8205-03106; CA A34045.

711 P.2d 212 (1985)

77 Or.App. 136

TRANSAMERICA INSURANCE CO., Respondent, v. Martin SUNNES, Linda Sunnes, Geraldine Sunnes, Lawrence Sunnes, Ellen Sunnes, Culligan Water Conditioning of Hillsboro, Inc., Appellants, St. Paul Fire and Marine Insurance Company, a Minnesota Corporation, Miller's Mutual Fire Insurance Company of Texas, a Texas Corporation, and Fireman's Fund Insurance, a California Corporation, Respondents, City of Hillsboro, Defendant.

Court of Appeals of Oregon.

Argued and Submitted October 21, 1985.

Reconsideration Denied February 14, 1986.

Attorney(s) appearing for the Case

Robert J. Miller, Sr., Beaverton, argued the cause for appellants. With him on the brief were Brien F. Hildebrand and Moomaw, Miller & Reel, Beaverton.

William Savino, New York City, argued the cause for respondents. With him on the brief were Cynthia S.C. Shanahan and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, and Rivkin, Leff, Sherman & Radler, New York City.

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

WARREN, Judge.

Plaintiff commenced this declaratory judgment action to determine whether it and the other defendant insurers had a duty to defend and pay a judgment against their insureds, Culligan and the individual defendants (referred to collectively as "Culligan"), in an action brought by the City of Hillsboro. The defendant insurers filed cross-claims against Culligan, also contesting coverage under their identical policies. The action was submitted to the court...

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