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WESTERN EQUITIES v. ST. PAUL FIRE & MARINE

9801-00427; A107482.

56 P.3d 431 (2002)

184 Or.App. 368

WESTERN EQUITIES, INC., an Oregon corporation; and Randy Smith, Appellants, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Respondent.

Court of Appeals of Oregon.

Decided October 16, 2002.

Attorney(s) appearing for the Case

Michael A. Cox, Portland, argued the cause and filed the briefs for appellants.

Lisa E. Lear, Portland, argued the cause for respondent. With her on the brief was Nickolas J. Dibert and Bullivant Houser Bailey, PC.

Before EDMONDS, Presiding Judge, and KISTLER and SCHUMAN, Judges.

KISTLER, J.

This is an action for defense costs and indemnification brought by Randy Smith and his employer, Western Equities, Inc., against their insurer, St. Paul Fire and Marine Insurance Company. Smith and Western Equities were sued for breach of fiduciary duty and misrepresentation arising out of a transaction in which Smith agreed to purchase a piece of property and then assigned his interest in the property to a third party. Smith and Western Equities tendered...

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