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DRAKE v. MUTUAL OF ENUMCLAW INS. CO.

(9807-04876; CA A104098)

1 P.3d 1065 (2000)

167 Or. App. 475

Dale R. DRAKE and Bobbe Drake, husband and wife, Appellants, v. MUTUAL OF ENUMCLAW INSURANCE COMPANY, Respondent.

Court of Appeals of Oregon.

Decided May 24, 2000.

Attorney(s) appearing for the Case

Donald A. Greig, Vancouver, WA, argued the cause for appellants. With him on the opening brief was Landerholm, Memovich, Lansverk & Whitesides, P.S., Vancouver.

Thomas M. Christ, Portland, argued the cause for respondent. With him on the brief was Mitchell, Lang & Smith.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

BREWER, J.

The issue in this case is whether defendant Mutual of Enumclaw Insurance Company had a duty to defend its insureds, Dale and Bobbe Drake, in an action brought against them that included claims for undue influence, breach of fiduciary duty, and interference with economic relations. The trial court entered summary judgment for defendant, concluding that defendant had no duty to defend, because the complaint in the underlying action alleged conduct that was...

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