Robert W. CARL; Shirley Carl; Guy Carr; First Interstate Bank of Oregon, N.A., as Trustee of the Mildred Carr Trust; Tom Edwards; Dorothy Edwards; Carr Building Corporation, an Oregon corporation; Carr Chevrolet Co., Inc., an Oregon corporation, Appellants,
v.
OREGON AUTOMOBILE INSURANCE COMPANY/NORTH PACIFIC INSURANCE COMPANY; Providence Washington Insurance Company; Safeco Insurance Company of America, Respondents, and
Fireman's Fund Insurance Company, Defendant.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted April 17, 1996.
Decided June 19, 1996.
Attorney(s) appearing for the Case
William H. Walters, Portland, argued the cause for appellants. With him on the briefs were Jerry B. Hodson, Steven F. Hill and Miller, Nash, Wiener, Hager & Carlsen.
I. Franklin Hunsaker, III, Portland, argued the cause for respondents Providence Washington Insurance Company. Michael A. Lehner, Portland, argued the cause for respondents Oregon Automobile Insurance Company/North Pacific Insurance Company. Thomas A. Gordon, Portland, argued the cause for respondent Safeco Insurance Company of America. With them on the brief were Ronald E. Bailey, Beth Skillern and Bullivant, Houser, Bailey, Pendergrass & Hoffman; Lehner, Mitchell, Rodrigues & Sears; and Angela M. Stewart and Gordon & Polscer.
Steven J. Dolmanisth and Anderson, Kill, Olick & Oshinsky, New York City, filed an amicus curiae brief for Reynolds Metals Company.
Bradford H. Lamb, Portland, filed an amended amicus curiae brief for Aetna Casualty and Surety Company.
Frank V. Langfitt, III and Ater, Wynne, Hewitt, Dodson & Skerritt, Portland, filed an amended amicus curiae brief for Insurance Environmental Litigation Association.
Before RICHARDSON, C.J., and LANDAU and LEESON, JJ.
Court of Appeals of Oregon.
LEESON, Judge.
Plaintiffs appeal from a judgment entered after the trial court granted defendants' motions for summary judgment. Because we conclude that there are no genuine issues of material fact and that defendants are entitled to judgment as a matter of law, ORCP 47 C, we affirm.
Plaintiffs brought this action against several defendant insurance companies1 to recover cleanup costs for environmental contamination resulting...
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