Lawrence MARLEAU, Mikeleen Reed, and Oregon Trail Custom Log Homes, Petitioners on Review,
v.
TRUCK INSURANCE EXCHANGE and David Flippen, Respondents on Review.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted September 7, 2000.
Reassigned June 20, 2001.
Resubmitted July 3, 2001.
Decided December 13, 2001.
Attorney(s) appearing for the Case
Christopher A. Rycewicz, of Rycewicz & Chenoweth, P.C., Portland, argued the cause for petitioners on review. With him on the briefs was Michael J. Knapp, of Meyers & Knapp, Portland.
William G. Earle, of Abbott, Davis, Rothwell, Mullin & Earle, PC, Portland, argued the cause and filed the briefs for respondents on review.
J. Michael Alexander, of Burt, Swanson, Lathen, Alexander & McCann, Salem, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.
Before CARSON, Chief Justice, and GILLETTE, DURHAM, and De MUNIZ, Justices.
Supreme Court of Oregon.
De MUNIZ, J.
In this insurance case, we must determine whether Truck Insurance Exchange (defendant)1 had a duty to defend its insured, Marleau, and Marleau's business partner, Reed (plaintiffs), in a tort action alleging intentional infliction of emotional distress. The trial court entered summary judgment in favor of defendant. The Court of Appeals affirmed, holding that, although the insurance policy covered the conduct alleged, public...
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