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RICK FRANKLIN CORP. v. STATE

98-10244CV; A121634.

140 P.3d 1136 (2006)

207 Or. App. 183

RICK FRANKLIN CORPORATION, Appellant, v. STATE of Oregon, acting by and through the DEPARTMENT OF TRANSPORTATION, Highway Division; Lori Larkin and Robert Larkin, dba Larkin Transport, Defendants, and Canal Insurance Company, Respondent. Lori Larkin and Robert Larkin, dba Larkin Transport, Respondents-Cross-Appellants, v. Acceptance Insurance Company, Appellant-Cross-Respondent, and Hudson Insurance Agency, Inc., Third-Party Defendant.

Court of Appeals of Oregon.

Decided August 2, 2006.

Attorney(s) appearing for the Case

Daniel E. O'Leary, Portland, argued the cause for appellant. With him on the briefs were Christopher F. McCracken and Davis Wright Tremaine LLP.

Michael A. Lehner, Portland, argued the cause for appellant-cross-respondent Acceptance Insurance Company. With him on the briefs was Lehner & Rodrigues PC.

Timothy J. O'Hanlon, Pendleton, argued the cause for respondent Canal Insurance Company. With him on the brief was Mautz Baum & O'Hanlon, LLP.

David C. Landis, Portland, argued the cause and filed the briefs for respondents-cross-appellants Lori Larkin and Robert Larkin dba Larkin Transport.

Before EDMONDS, Presiding Judge, and LINDER and WOLLHEIM, Judges.

EDMONDS, P.J.

This case involves the responsibility of a primary and an excess insurer for the costs of environmental cleanup after gasoline from the insureds' tanker truck spilled. The insureds are Lori and Robert Larkin, doing business as Larkin Transport (Larkin). The company that performed the environmental cleanup is Rick Franklin Corporation (RFC). The primary insurer for Larkin is Canal Insurance Company (Canal). The excess insurer is Acceptance Insurance Company...

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