ALBANY INS. CO. v. ROSE-TILLMANN, INC.

Civ. No. 94-517-JO.

883 F.Supp. 1459 (1995)

ALBANY INSURANCE COMPANY, individually, and as assignee of Ross Bros. Construction, Inc., Plaintiff, v. ROSE-TILLMANN, INC.; PWS Group; and PWS North America Ltd., Defendants. ROSE-TILLMANN, INC., Third-Party Plaintiff, v. PWS GROUP; PWS North America Limited; and B.A.T. Insurance Services Inc., Third-Party Defendants.

United States District Court, D. Oregon.

March 31, 1995.


Attorney(s) appearing for the Case

Guy C. Stephenson, Schwabe Williamson & Wyatt, Portland, OR, for plaintiff.

Eric J. Neiman, Paul R. Duden, Tooze Shenker Duden Creamer Frank & Hutchison, Portland, OR, for defendant Rose-Tillmann, Inc.

Christopher T. Carson, Kilmer Voorhees & Laurick, P.C., Portland, OR, for third-party defendant BAT Ins. Service, Inc.


OPINION AND ORDER

ROBERT E. JONES, District Judge:

This is an insurance coverage dispute. Ross Bros. Construction Inc. ("Ross Bros"), a construction contractor, brought this diversity action against its insurance agent, Rose-Tillmann, Inc. ("Rose-Tillmann"), and its insurer, Albany Insurance Company ("Albany"), after Albany denied Ross Bros' claim for loss sustained to a mobile crane in February 1994.

Rose-Tillmann, the agent, in turn, filed...

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