SAFECO INS. CO. v. RUSSELL

(CCV9903128; CA A107352)

13 P.3d 519 (2000)

170 Or. App. 636

SAFECO INSURANCE COMPANY OF AMERICA, an insurance corporation, Appellant, v. Ellen RUSSELL, Respondent.

Court of Appeals of Oregon.

Decided November 1, 2000.


Attorney(s) appearing for the Case

Karen O'Kasey, Portland, argued the cause for appellant. With her on the briefs was Schwabe, Williamson & Wyatt, P.C.

Michael H. Long, Eugene, argued the cause for respondent. With him on the brief was Brown, Roseta, Long, McConville, Kilcullen & Carlson.

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


BREWER, J.

The question presented in this case is whether an insurer may assert a common-law indemnity claim against a person whose alleged negligence caused the injuries for which the insurer paid benefits to its insured. The trial court granted defendant's motion to dismiss the insurer's complaint for failure to state a claim. ORCP 21 A(8). We affirm.

We take as true the facts alleged in the complaint and all reasonable...

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