MAYS v. TRANSAMERICA INS. CO.

16-88-01857; CA A61176.

799 P.2d 653 (1990)

103 Or.App. 578

Genell MAYS, Appellant, v. TRANSAMERICA INSURANCE COMPANY, a California Corporation, and Maryland Casualty Company, a Maryland Corporation, Respondents, and Smith & Crakes Insurance, Inc., an Oregon Corporation, Gladys Lewis, Now Deceased, Henry Mays, Now Deceased, Edward Lewis and Velco, Inc., Defendants.

Court of Appeals of Oregon.

Reconsideration Denied November 28, 1990.

Decided October 10, 1990.


Attorney(s) appearing for the Case

Dan E. Neal, Eugene, argued the cause for appellant. On the briefs were Fern Eng and Neal & Eng, Eugene.

I. Franklin Hunsaker, Portland, argued the cause for respondent Transamerica Ins. Co. With him on the brief were Thomas A. Gordon, Lisa E. Lear and Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland.

James M. Johnstone, Washington, D.C., argued the cause for respondent The Maryland Cas. Co. With him on the brief were Richard H. Gordin, Frederick S. Ansell and Wiley, Rein & Fielding, Washington, D.C., and Roger K. Stroup and Bodyfelt Mount Stroup & Chamberlain, Portland.

Thomas H. Tongue, Michael J. Francis, John C. Cahalan and Dunn, Carney, Allen, Higgins & Tongue, Portland, filed a brief amicus curiae for League of Oregon Cities.

Thomas S. James, Jr., Donald S. Kunze, Richard Birmingham and Davis Wright & Jones, Seattle, Wash., filed a brief amicus curiae for Insurance Environmental Litigation Ass'n.

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


WARREN, Judge.

Plaintiff brought this action for breach of contract, seeking payment of claims under various general liability insurance policies for costs incurred in cleaning up environmental pollution. The trial court granted defendants Maryland Casualty Company (Maryland) and Transamerica Insurance Company (Transamerica) separate summary judgments pursuant to ORCP 67 B. We affirm.

Plaintiff is the owner of real...

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