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MILGARD MANUFACTURING v. CONTINENTAL INS.

A8606-03566; CA A45397.

759 P.2d 1111 (1988)

92 Or.App. 609

MILGARD MANUFACTURING, Inc., a Foreign Corporation, Appellant, v. CONTINENTAL INSURANCE COMPANY, Inc., a Foreign Corporation and the Commercial Insurance Company of Newark, New Jersey, Inc., a Foreign Corporation, Respondents.

Court of Appeals of Oregon.

Decided August 24, 1988.

Attorney(s) appearing for the Case

E. Ted Meece, Portland, argued the cause for appellant. With him on the briefs was Deich, Hinton & Meece, Portland.

Duane Vergeer, Portland, argued the cause for respondents. On the brief were Carl R. Rodrigues and Vergeer, Roehr & Sweek, Portland.

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

RICHARDSON, Presiding Judge.

Plaintiff appeals from a summary judgment for defendant, its comprehensive general liability insurer, in this action arising out of defendant's refusal to defend plaintiff against a claim by Herzog Glass, Inc., a subcontractor on an office building construction project. Plaintiff agreed to produce and supply tempered glass windows for Herzog to install in the building. The building owner brought an action against the general contractor...

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