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MINNIS v. OREGON MUTUAL INS. CO.

(C96-1230-CV; CA A98241).

986 P.2d 77 (1999)

162 Or. App. 198

John MINNIS and Little John's Pizza Co., LLC, Appellants, v. OREGON MUTUAL INSURANCE COMPANY, Respondent.

Court of Appeals of Oregon.

Decided August 4, 1999.

Attorney(s) appearing for the Case

Christopher A. Rycewicz, Portland, argued the cause for appellants. With him on the briefs were Brian D. Chenoweth and Rycewicz & Chenoweth, P.C., Portland, and Michael J. Knapp and Myers & Knapp, Portland.

William G. Earle, Portland, argued the cause for respondent. With him on the brief were Alan Gladstone and Abbott, Davis, Rothwell, Mullin & Earle, P.C.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

KISTLER, J.

Plaintiffs, a corporation and its owner, appeal from a summary judgment dismissing their claim for breach of an insurance policy. They argue that defendant had a duty to provide a defense to an action that a third party (Winters) filed against them. Plaintiffs also seek indemnity for the cost of settling the case. We conclude that defendant had a duty to defend the corporation and that it was not entitled to summary judgment on the related question of...

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