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FARMERS INS. CO. v. LIMBOCKER

16-89-10456; CA A65244.

818 P.2d 527 (1991)

109 Or.App. 130

FARMERS INSURANCE COMPANY OF OREGON, an Oregon Corporation, Respondent, v. Craig LIMBOCKER and Linda Rae Mehling, Appellants, and Macron Systems, Inc., an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Decided October 2, 1991.

Reconsideration Denied December 16, 1991.

Attorney(s) appearing for the Case

Marc A. Spence, Eugene, argued the cause for appellants. With him on the briefs was Horton & Koenig, Eugene.

John B. Arnold, Eugene, argued the cause for respondent Farmers Ins. Co. of Oregon. On the brief were Dennis W. Percell, B. Kevin Burgess, and Harrang, Long, Watkinson, Arnold & Laird, P.C., Eugene.

No appearance for respondent Macron Systems, Inc.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

DEITS, Judge.

Defendants1 appeal the summary judgment for plaintiff insurer (Farmers) in its action for a declaratory judgment, holding that it had no duty to defend or indemnify its insured, defendant Limbocker, in defendant Mehling's action against him. We conclude that summary judgment was not proper, because there was a genuine issue of material fact. Accordingly, we reverse.

In January, 1988, Limbocker was asked to leave a...

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