ST. PAUL FIRE v. McCORMICK & BAXTER

A8711-07096; CA A71072.

875 P.2d 537 (1994)

128 Or. App. 234

ST. PAUL FIRE & MARINE INSURANCE COMPANY, INC., and St. Paul Mercury Insurance Company, Inc., Respondents, v. McCORMICK & BAXTER CREOSOTING CO., Appellant, National Continental Insurance Company, successor to American Star Insurance Company by change of name; Consolidated American Insurance Company; Hartford Accident & Indemnity Company; Certain Underwriters at Lloyd's, London; United States Fire Insurance Company; Continental Casualty Company; Gulf Insurance Company, Respondents, and Boston Insurance Company; Mission Insurance Company (in liquidation); Mission National Insurance Company (in liquidation); National Union Fire Insurance Company of Pittsburgh, Pennsylvania; Scottsdale Insurance Company, Defendants. McCORMICK & BAXTER CREOSOTING CO., Cross-Complainant-Appellant, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, INC., and St. Paul Mercury Insurance Company, Inc.; National Continental Insurance Company, successor to American Star Insurance Company by change of name; Consolidated American Insurance Company; Hartford Accident & Indemnity Company; Certain Underwriters at Lloyd's, London; United States Fire Insurance Company; Continental Casualty Company; Gulf Insurance Company; National Fire Insurance Company of Hartford, Cross-Defendants-Respondents, and Boston Insurance Company; Mission Insurance Company (in liquidation); Mission National Insurance Company (in liquidation), Cross-Defendants.

Court of Appeals of Oregon.

Decided May 25, 1994.


Attorney(s) appearing for the Case

Mildred J. Carmack, Jay T. Waldron and Schwabe, Williamson & Wyatt, Portland, for motion of respondent National Fire Ins. Co. of Hartford.

Eric R. Todderud, Barry S. Levin, Celia M. Jackson, Susan M. Leberman and Heller, Ehrman, White & McAuliffe, Portland, for motion of appellant McCormick & Baxter Creosoting Co.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.


On Respondent National Fire Insurance Company of Hartford's and on Appellant McCormick & Baxter Creosoting Co.'s Motions for Reconsideration Filed March 23, 1994.

De MUNIZ, Judge.

Pursuant to ORAP 6.25, appellant McCormick & Baxter Creosoting Co. (M & B) and respondent National Fire Insurance Company of Hartford (National Fire) have each moved for reconsideration of our opinion. 126 Or.App. 689,

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