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DeJONGE v. MUTUAL OF ENUMCLAW

CC 86-0829; CA A61480; SC S37708.

843 P.2d 914 (1992)

315 Or. 237

Abe F. and Saundra A. DeJONGE, dba Midway Grocery, Petitioners on Review, v. MUTUAL OF ENUMCLAW, a Washington corporation, Respondent on Review. and Keesecker Insurance, an Oregon corporation, Defendant.

Supreme Court of Oregon, In Banc.

Reassigned August 11, 1992.

Decided December 31, 1992.

Reconsideration Denied February 23, 1993.

Attorney(s) appearing for the Case

Margaret H. Leek Leiberan of Leiberan & Gazeley, Portland, argued the cause and filed the petition for petitioners on review.

Lynn E. Ashcroft of Rhoten, Speerstra, Rinehart & Ashcroft, Salem, argued the cause for respondent on review. With him on the response brief was Sam F. Speerstra.

GRABER, Justice.

The issue in this declaratory judgment action is whether defendant insurer is estopped to deny liability coverage to plaintiffs based on a policy exclusion.1 Plaintiffs sought a declaration that their liability insurance policy with defendant covered a wrongful death action, in which it was alleged that plaintiffs had negligently sold alcoholic beverages to a minor who later, and as a result of ingesting the alcoholic...

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