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INTERSTATE FIRE v. ARCHDIOCESE OF PORTLAND

USDC CV-88-934-HJF; USCA 91-35610; SC S40077.

864 P.2d 346 (1993)

318 Or. 110

INTERSTATE FIRE & CASUALTY COMPANY, an Illinois corporation, Plaintiff, v. ARCHDIOCESE OF PORTLAND IN OREGON, an Oregon corporation; Underwriters at Lloyd's of London, et al., subscribing to policies numbered SL 3391/SLC 5411 and SL 3831/SLC 5843; Excess Insurance Co., Ltd., a United Kingdom corporation; Yasuda Fire and Marine Insurance Company, (U.K.), a United Kingdom corporation; Terra Nova Insurance Co., Ltd., a United Kingdom corporation, et al., Defendants.

Supreme Court of Oregon, In Banc.

Decided December 9, 1993.

Attorney(s) appearing for the Case

Timothy J. McNamara, of Onebane, Donohoe, Bernard, Torian, Diaz, McNamara & Abell, Lafayette, LA, argued the cause for plaintiff and was on the brief filed by William D. Okrent and G. Marts Acker, of Acker & Okrent, Portland.

John R. Faust, Jr., of Schwabe, Williamson & Wyatt, Portland, argued the cause and filed the brief for defendant Archdiocese of Portland.

Richard F. Johnson, Chicago, IL, argued the cause and filed the brief for defendants Underwriters at Lloyd's et al., Excess Ins. Co., Ltd., Yasuda Fire and Marine Ins. Co., and Terra Nova Ins. Co. Ltd. With him on the brief were Hugh C. Griffin, Scott A. Kogen, Lord, Bissell & Brook, Chicago, IL, Jeffrey M. Batchelor and Milo Petranovich, of Lane Powell Spears Lubersky, Portland.

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

GILLETTE, Justice.

In this insurance case, a panel of the United States Court of Appeals for the Ninth Circuit certified five questions of law to this court. See generally ORS 28.200 to 28.255 (statutes governing certification). The questions certified to this court were the following:

"1. Under Oregon law, does the phrase `occurrence happening during the period of insurance' refer to the occurrence of the...

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