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GENESIS INDEM. INS. v. DESCHUTES COUNTY

01 CV 0386 ST; A121898.

95 P.3d 748 (2004)

194 Or.App. 446

GENESIS INDEMNITY INSURANCE COMPANY, a Connecticut corporation, Respondent, v. DESCHUTES COUNTY, a political subdivision of the State of Oregon, Appellant.

Court of Appeals of Oregon.

Decided August 4, 2004.

Attorney(s) appearing for the Case

Mark P. Amberg, Bend, argued the cause and filed the briefs for appellant.

Jeffrey V. Hill, Portland, argued the cause for respondent. With him on the brief were Bradford H. Lamb, Portland, and Zarosinski & Hill, LLP.

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

BREWER, J.

This is an action for indemnity in which plaintiff insurer sought to recover from defendant Deschutes County (the county) the costs that plaintiff incurred in defending its insureds, who were the county's agents, in an action arising from the agents' performance of their duties for the county. The county appeals from partial summary judgment for plaintiff. Although other issues also are presented, the primary question on appeal is whether the county's statutory...

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