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LANCASTER v. ROYAL INS. CO. OF AMERICA

TC A8402-01107; CA A35364; SC S32444.

726 P.2d 371 (1986)

302 Or. 62

Scott E. LANCASTER, Petitioner on Review, v. ROYAL INSURANCE COMPANY OF AMERICA, a foreign corporation, Respondent on Review, v. COLUMBIA FENCE CO., an Oregon corporation, Defendant.

Supreme Court of Oregon, In Banc.

Decided October 7, 1986.

Attorney(s) appearing for the Case

Robert J. Miller, Sr., Beaverton, argued the cause and filed the petition for petitioner on review. With him on the petition was Moomaw, Miller & Reel, Beaverton.

Lee Aronson, Portland, argued the cause and filed the brief for respondent on review.

Arthur C. Johnson and Mike Ellickson, Eugene, filed a brief amici curiae on behalf of Arthur C. Johnson. With them on the brief was Johnson, Quinn, Clifton & Williams, Eugene.

CAMPBELL, Judge.

This case involves a covenant not to execute and an assignment of rights against an insurer.

Plaintiff was injured in an automobile accident involving Joseph R. Martin. He brought an action against Martin; Martin's employer, Columbia Fence Company (Columbia); and Columbia's insurer, Royal Insurance Company (Royal). The claim against Columbia was severed and held in abeyance. Royal denied coverage and refused to defend the lawsuit. Thereafter...

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