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HOLMAN ERECTION CO., INC. v. WAUSAU

9304-02512; CA A85394.

920 P.2d 1125 (1996)

142 Or. App. 224

HOLMAN ERECTION CO., INC., dba Northwestern Steel Construction Co., a foreign corporation, Appellant, v. EMPLOYERS INSURANCE OF WAUSAU, a foreign mutual insurance company, Respondent.

Court of Appeals of Oregon.

Decided July 24, 1996.

Attorney(s) appearing for the Case

Larry Dawson, West Linn, argued the cause and filed the briefs for appellant.

Lisa E. Lear, Portland, argued the cause for respondent. With her on the brief were I. Franklin Hunsaker, Douglas G. Houser and Bullivant, Houser, Bailey, Pendergrass & Hoffman.

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

WARREN, Presiding Judge.

This is an action by an insured against its insurer. Plaintiff, Northwestern Steel Construction Co. (Northwestern), a construction subcontractor, is seeking recovery against defendant, Employers Insurance of Wausau (Wausau), its comprehensive general liability1 and workers' compensation insurer, for failing to undertake the defense of two separate lawsuits. First, Wausau refused to accept the tender of defense...

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