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

CC A8901-00240, CA A63379, SC S38053.

836 P.2d 703 (1992)

313 Or. 464

HOFFMAN CONSTRUCTION COMPANY OF ALASKA, a Foreign corporation, and Hoffman Construction, an Oregon corporation, Petitioners on Review, v. FRED S. JAMES & CO., OF OREGON, an Oregon corporation, Defendant, and Century Indemnity Company a Foreign corporation, Respondent on Review.

Supreme Court of Oregon.

Decided July 9, 1992.

Reconsideration Denied August 25, 1992.


Attorney(s) appearing for the Case

Thomas H. Tongue, Dunn, Carney, Allen, Higgins & Tongue, Portland, argued the cause and filed the petition, for petitioners on review.

Peter R. Chamberlain, Bodyfelt, Mount, Stroup & Chamberlain, Portland, argued the cause, for respondent on review. With him on the response was Richard A. Lee, Portland.

Before CARSON, C.J., and PETERSON, GILLETTE, VAN HOOMISSEN, FADELEY and GRABER, JJ.


GILLETTE, Justice.

This case involves the extent of liability of an insurer under certain contractual limitations in an "umbrella" liability insurance policy, when one of the primary insurers becomes insolvent.1 Plaintiffs brought the action seeking a declaratory judgment that they are entitled to recover under an umbrella liability insurance policy issued by defendant Century Insurance Company. Both parties2

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