UNITED PACIFIC v. MUTUAL OF ENUMCLAW

86C-10370; CA A44522.

761 P.2d 4 (1988)

93 Or.App. 69

UNITED PACIFIC Insurance Company, a Washington Corporation, Respondent, v. MUTUAL OF ENUMCLAW Insurance Company, a Washington Corporation, Appellant. Dempsey D. Sullivan, Mary M. Sullivan, Dale R. Kincaid and Eleanor Kincaid, Respondents, and D.D. Sullivan, Inc., an Oregon Corporation, d/b/a Hallmark Mobile Sales and Blue Streak Mobile Homes Services; Kilroy's Mobile Home Sales, Aka Kilroy's Mobile Sales, a Partnership, Thomas R. Connell and Dallene D. Connell, Defendants.

Court of Appeals of Oregon.

Decided September 14, 1988.


Attorney(s) appearing for the Case

Alfred T. McGill, Portland, argued the cause for appellant. With him on the briefs were Richard W. Kapranos and McGill & Kapranos, Portland.

Mildred J. Carmack, Portland, argued the cause for respondent United Pacific Ins. Co. With her on the brief were Henry C. Willener and Schwabe, Williamson & Wyatt, Portland.

No appearance for respondents Dempsey D. Sullivan, Mary M. Sullivan, Dale R. Kincaid and Eleanor Kincaid.

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


RICHARDSON, Presiding Judge.

In this declaratory judgment action, plaintiff United Pacific Insurance Company (United), the liability insurer of defendant Dale Kincaid, sought a declaration that it is not responsible for Kincaid's defense or indemnity and that defendant Mutual of Enumclaw (Mutual) is responsible, in connection with an underlying action against Kincaid by defendants Sullivan. Kincaid and his wife, defendant Eleanor Kincaid, cross-claimed for a declaration...

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