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ABRAMS v. GENERAL STAR INDEM. CO.

(CV 99-00769-DCA, SC S49593).

67 P.3d 931 (2003)

335 Or. 392

Stuart ABRAMS and Abrams, Inc., Plaintiffs, v. GENERAL STAR INDEMNITY COMPANY, Defendant.

Supreme Court of Oregon.

Decided May 1, 2003.

Attorney(s) appearing for the Case

Michael H. Bloom, of Bloom & Schuckman, P.C., Portland, argued the cause and filed the brief for plaintiffs.

Lisa E. Lear, of Bullivant Houser Bailey, P.C., Portland, argued the cause and filed the brief for defendant. With her on the brief were Douglas G. Houser and Margaret M. Van Valkenburg.

Thomas M. Christ, of Cosgrave Vergeer Kester, LLP, Portland, filed the brief for amici curiae Mutual of Enumclaw Insurance Company, Farmers Insurance Company, Safeco Insurance Company, and Liberty Northwest Insurance Company.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ and BALMER, Justices.

BALMER, J.

This court accepted certification of the following question of law from the United States Court of Appeals for the Ninth Circuit (Ninth Circuit):

"Does an insurer have a duty to defend an insured under an insurance policy with an `intentional acts' exclusion if the complaint against the insured alleges a subjective intent to harm but the claim could be proven through unintentional conduct?"

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