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AMERICAN STATES INS. v. SUPER SPRAY SERVICE

82-1512-1; CA A33799.

713 P.2d 682 (1986)

77 Or.App. 497

AMERICAN STATES INSURANCE COMPANY, Appellant, v. SUPER SPRAY SERVICE, Inc., an Oregon Corporation; Robert Yancey; and George Carleton, Respondents.

Court of Appeals of Oregon.

Decided January 29, 1986.

Reconsideration Denied April 11, 1986.

Attorney(s) appearing for the Case

Lloyd B. Ericsson, Portland, argued the cause for appellant. With him on the briefs were Barbara J. Gazeley and Martin, Bischoff, Templeton, Biggs & Ericsson, Portland.

Timothy N. Brittle, Portland, argued the cause for respondents Super Spray Service, Inc., and Robert Yancey. With him on the brief was Acker, Underwood & Smith, Portland.

No appearance for respondent Carleton.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

NEWMAN, Judge.

Plaintiff appeals an adverse judgment in its action for a declaration that its policy did not provide liability coverage to defendants for damage to Carleton's crops from aerial spraying.1 Defendants counterclaimed, alleging that plaintiff must indemnify defendants for any legal liability to Carleton. Plaintiff and defendants filed cross motions for summary judgment. The court denied plaintiff's motion and granted defendants...

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