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IND. FINISHES & SYSTEMS v. AMER. UNIV. INS.

16-82-09939; CA A34241.

720 P.2d 382 (1986)

79 Or.App. 614

INDUSTRIAL FINISHES & SYSTEMS, INC., an Oregon corporation, Respondent-Cross-Appellant, v. AMERICAN UNIVERSAL INSURANCE COMPANY, a Rhode Island corporation, Defendant-Appellant, and Wagner-Spray Tech Corporation, a Delaware corporation, fka Spray Tech Corporation and successor in interest to Spray Tech Corp., a Minnesota corporation, Defendant-Cross-Respondent.

Court of Appeals of Oregon.

Decided June 4, 1986.

Reconsideration Allowed August 20, 1986.

Attorney(s) appearing for the Case

Thomas M. Christ, Eugene, argued the cause for appellant. With him on the briefs were Louis L. Kurtz and Luvaas, Cobb, Richards & Fraser, P.C., Eugene.

Robert A. Ford, Eugene, argued the cause and filed the brief for respondent-cross-appellant.

Denise G. Fjordbeck, Eugene, argued the cause for defendant-cross-respondent. With her on the brief were Gary G. Norris and Jacqua, Wheatley, Gallagher & Holland, P.C., Eugene.

Before BUTTLER, P.J., and JOSEPH, C.J., and ROSSMAN, J.

BUTTLER, Presiding Judge.

Plaintiff brought this action to recover expenses incurred in defending and settling a lawsuit brought against it and defendant Wagner-Spray Tech Corporation (Wagner). From a judgment for plaintiff in the amount of $45,387.63, American Universal Insurance Company (American) appeals. Plaintiff cross-appeals from a judgment in favor of Wagner and against plaintiff. It is unnecessary to reach the cross-appeal unless we reverse on the appeal...

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