AMERICAN HARDWARE INS. GROUP v. WEST ONE

(9802100CV; CA A106057)

2 P.3d 413 (2000)

167 Or. App. 244

The AMERICAN HARDWARE INSURANCE GROUP, Respondent, v. WEST ONE AUTOMOTIVE GROUP, INC., an Oregon corporation, Appellant. West One Automotive Group, Inc., an Oregon corporation, Counterclaim— Plaintiff, v. The American Hardware Insurance Group, Counterclaim— Defendant.

Court of Appeals of Oregon.

Decided May 10, 2000.


Attorney(s) appearing for the Case

Thomas F. Ahearne, Seattle, Washington, argued the cause for appellant. With him on the briefs was Foster Pepper & Shefelman LLC.

Timothy Gerking, Medford, argued the cause for respondent. With him on the brief were Mark R. Weaver, Brophy Mills, Schmore and Gerking & Brophy, LLP.

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


BREWER, J.

In this action for a declaratory judgment, defendant West One Automotive Group appeals from summary judgment in favor of plaintiff American Hardware Insurance Group. Defendant argues that the trial court erred when it concluded that two insurance policies issued by plaintiff did not require plaintiff to defend and indemnify defendant against a wrongful termination claim under a provision that covered liability for personal injuries arising out of "eviction...

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