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DELTA SAND & GRAVEL v. GENERAL INS. CO.

16-89-04595; CA A65074.

826 P.2d 82 (1992)

111 Or.App. 347

DELTA SAND & GRAVEL Co., an Oregon Corporation; and Babb Construction Co., an Oregon Corporation, Respondents, v. GENERAL INSURANCE COMPANY OF AMERICA, a Washington Corporation, Appellant, and Industrial Indemnity Company, a California Corporation, Defendant.

Court of Appeals of Oregon.

Decided February 12, 1992.

Attorney(s) appearing for the Case

Carrell F. Bradley, Hillsboro, argued the cause for appellant. On the briefs were Larry A. Brisbee and Schwenn, Bradley, Batchelor, Brisbee and Stockton, Hillsboro.

William Turnbow, Eugene, argued the cause for respondents. With him on the brief was Hershner, Hunter, Moulton, Andrews & Neill, Eugene.

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

RIGGS, Judge.

Plaintiffs, Delta Sand and Gravel Co. (Delta) and Babb Construction Co. (Babb), brought this action against defendant insurer to recover their defense and settlement costs incurred in a tort action that defendant refused to defend on plaintiffs' behalf.1 The trial court granted plaintiffs' motion for partial summary judgment on the issues of coverage, defendant's affirmative defenses and defendant's duty to pay the reasonable...

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