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DeJONGE v. MUTUAL OF ENUMCLAW

86-0829; CA A61480.

800 P.2d 313 (1990)

104 Or.App. 296

Abe F. and Saundra A. DeJonge, Dba Midway Grocery, Appellants — Cross-Respondents, v. MUTUAL OF ENUMCLAW, a Washington Corporation, Respondent — Cross-Appellant, Keesecker Insurance, an Oregon Corporation, Defendant.

Court of Appeals of Oregon.

Decided November 7, 1990.

Attorney(s) appearing for the Case

Margaret H. Leek Lieberan, Portland, argued the cause and filed the briefs for appellants — cross-respondents.

Lynn E. Ashcroft, Salem, argued the cause for respondent — cross-appellant. On the brief were Sam F. Speerstra and Rhoten, Speerstra, Rinehart & Ashcroft, Salem.

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

DeMUNIZ, Judge.

This is a declaratory judgment action in which plaintiffs seek a determination that Mutual of Enumclaw (Mutual) is estopped to deny insurance coverage on a civil claim in which it was asserted that plaintiffs had negligently sold alcoholic beverages to a minor.1 A jury returned a verdict for plaintiffs. The trial court granted defendant's motion for judgment notwithstanding the...

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