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ALLSTATE INS. CO. v. SOWERS

A8707-04231; CA A49276.

776 P.2d 1322 (1989)

97 Or.App. 658

ALLSTATE INSURANCE COMPANY, an Illinois Corporation, Respondent, v. Richard David SOWERS and Swashbuckler, Inc., an Oregon Corporation, Defendants, and Martin R. Rowley, Appellant.

Court of Appeals of Oregon.

Decided July 26, 1989.

Attorney(s) appearing for the Case

James S. Coon, Portland, argued the cause for appellant. With him on the briefs was Imperati, Barnett, Sherwood & Coon, P.C., Portland.

Kim Jefferies, Portland, argued the cause for respondent. With her on the brief were John C. Mercer, and Wood Tatum Mosser Brooke & Landis, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Rowley, a police officer, had a judgment against Sowers for an injury that he sustained when Sowers had resisted arrest. Allstate Insurance Company (Allstate) defended Sowers in that action under a reservation of rights. It then filed an action for declaratory relief, contesting coverage under Sowers' homeowner's liability policy. The trial court held that Allstate's policy does not cover the injury sustained by Rowley, and Rowley appeals. We affirm...

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