NORTH CLACKAMAS SCHOOL DIST. NO. 12 v. OSBA

(97-01-195; CA A101143)

991 P.2d 1089 (1999)

164 Or. App. 339

NORTH CLACKAMAS SCHOOL DISTRICT NO. 12, Respondent, v. OREGON SCHOOL BOARDS ASSOCIATION PROPERTY AND CASUALTY TRUST, an Oregon nonprofit corporation, Appellant.

Court of Appeals of Oregon.

Argued and Submitted June 18, 1999.

Decided December 15, 1999.


Attorney(s) appearing for the Case

Peter R. Mersereau, Portland, argued the cause for appellant. On the briefs were Thomas W. McPherson and Mersereau & Shannon, LLP.

R. Kenney Roberts, Tigard, argued the cause for respondent. On the brief was Craig A. Staples.

Before De MUNIZ, Presiding Judge, and DEITS, Chief Judge, and HASELTON, Judge.


HASELTON, J.

Defendant insurer appeals from a judgment in favor of plaintiff insured in an action for breach of an insurance contract. The trial court, after a trial to the court, determined that plaintiff was entitled to coverage under the policy's "wrongful act" coverage, which carried a lower deductible amount, and not its "occurrence" coverage, which carried a higher deductible. We reverse.

In July 1993, defendant...

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