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HOFFMAN CONST. v. FRED S. JAMES & CO.

A8901-00240; CA A63379.

807 P.2d 808 (1991)

106 Or. App. 329

HOFFMAN CONSTRUCTION COMPANY OF ALASKA, a foreign corporation, and Hoffman Corporation, an Oregon corporation, Appellants, v. FRED S. JAMES & CO. OF OREGON, an Oregon corporation, Defendant, and Century Indemnity Company, a foreign corporation, Respondent.

Court of Appeals of Oregon.

Decided March 13, 1991.

Attorney(s) appearing for the Case

Thomas H. Tongue, Portland, argued the cause for appellants. With him on the briefs were G. Kenneth Shiroishi, I. Kenneth Davis and Dunn, Carney, Allen, Higgins & Tongue, Portland.

Peter R. Chamberlain, Portland, argued the cause for respondent. With him on the brief were Richard A. Lee and Bodyfelt, Mount, Stroup & Chamberlain, Portland.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

EDMONDS, Judge.

Plaintiffs brought this declaratory judgment action to recover under an umbrella liability insurance policy issued by defendant.1 The trial court granted defendant's motion for summary judgment and denied plaintiffs' motion for summary judgment.2 We affirm.

Defendant sold plaintiffs an umbrella liability insurance policy, which provides that defendant will pay the excess over the "amount...

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