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AETNA CASUALTY AND SURETY v. BRATHWAITE

16-85-09013; CA A41212.

751 P.2d 237 (1988)

90 Or.App. 109

AETNA CASUALTY AND SURETY Company, a Foreign Corporation, Appellant, v. Sharon BRATHWAITE, Personal Representative of the Estate of Christopher Brathwaite, Deceased; Thomas L. Feher, Personal Representative of the Estate of Michael Feher, Respondents.

Court of Appeals of Oregon, In Banc.

Decided March 9, 1988.

Attorney(s) appearing for the Case

Daniel M. Holland, Eugene, argued the cause for appellant. With him on the briefs were Jaqua, Wheatley, Gallagher & Holland, P.C., Eugene, and Denise G. Fjordbeck, Eugene.

William Wiswall, Springfield, argued the cause for respondent Sharon Brathwaite. With him on the brief were Wiswall and Hendricks, P.C., Springfield, and George Kelly, Springfield.

No appearance for respondent Thomas Feher.

VAN HOOMISSEN, Judge.

This is an action for a declaratory judgment in which Aetna Casualty and Surety Company (Aetna) seeks a declaration of its rights and responsibilities under two homeowner's insurance policies issued to defendants Feher. Aetna appeals1 from a trial court judgment which held that Aetna had a duty to defend and indemnify the Michael Feher estate (Feher) in a wrongful death action brought by the Christopher Brathwaite...

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