SCHNITZER INV. v. CERTAIN UNDERWRITERS

(CC 9902-02004; CA A116662; SC S52422).

137 P.3d 1282 (2006)

341 Or. 128

SCHNITZER INVESTMENT CORP., Petitioner on Review, v. CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON and Certain London Market Insurance Companies, The Insurance Company of the State of Pennsylvania, Transportation Insurance Company; Continental Casualty Company; Insurance Company of North America; and Phoenix Insurance Company, Respondents on Review.

Supreme Court of Oregon, En Banc.

Decided June 30, 2006.


Attorney(s) appearing for the Case

Charles F. Hinkle, Stoel Rives, LLP, Portland, argued the cause and filed the brief for petitioner on review. With him on the brief was Joan P. Snyder.

I. Franklin Hunsaker, Portland, argued the cause and filed the briefs for respondent on review Certain Underwriters at Lloyd's of London and Certain London Market Insurance Company. With him on the briefs were Paul J. Killion and Bruce J. Rome, Duane Morris LLP, San Francisco.

Peter J. Mintzer, Cozen O'Connor, Seattle, filed the response and brief for respondent on review The Insurance Company of the State of Pennsylvania. With him on the brief were Thomas M. Jones and Helen A. Boyer.

David E. Prange, Abbott & Prange, PC, Portland, filed the response and brief for respondents on review Transportation Insurance Company and Continental Casualty Company. With him on the brief was Nicholas A. Nardi.

Peter R. Chamberlain, Bodyfelt, Mount, Stroup & Chamberlain, Portland, filed the response for respondent on review Insurance Company of North America. With him on the response was R. Lind Stapley, Soha & Lang, P.S., Seattle.

Timothy R. Volpert, Davis Wright Tremaine, LLP, Portland, filed the response for respondent on review The Phoenix Insurance Company. With him on the response was Everett W. Jack, Jr.

William H. Walters, Miller Nash, LLP, Portland, filed the brief for amici curiae Northwest Natural Gas Company, ZRZ Realty Company, Zidell Remediation Funding Trust, Zidell Marine Corporation, and Tube Forgings of America, Inc. With him on the brief was Gayle Patterson, attorney for Northwest Natural Gas Company.


KISTLER, J.

Plaintiff owns property in Portland near the Willamette River. After the Oregon Department of Environmental Quality (DEQ) ordered plaintiff to clean up environmental contamination on its property, plaintiff brought this action seeking, among other things, indemnification from defendants for the costs that it had incurred in complying with DEQ's orders. The trial court granted defendants' summary judgment motion and entered judgment in their favor. Although...

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