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HOLLOWAY v. REPUBLIC INDEM. CO. OF AMERICA

(CC02-02323-CV; CA A123072; SC S52951).

147 P.3d 329 (2006)

341 Or. 642

Krystal HOLLOWAY, Respondent on Review, v. REPUBLIC INDEMNITY COMPANY OF AMERICA, Petitioner on Review.

Supreme Court of Oregon.

Decided November 16, 2006.

Attorney(s) appearing for the Case

I. Franklin Hunsaker, Beaverton, argued the cause for petitioner on review. With him on the briefs were Paul J. Killion and Michael J. Dickman, Duane Morris LLP, San Francisco, and Bernard S. Moore, Frohnmayer, Deatherage, Pratt, Jamieson, Clarke & Moore PC, Medford.

Karen E. Duncan and Donald E. Oliver, Oliver & Duncan, Redmond, argued the cause and filed the briefs for respondent on review.

Before DE MUNIZ, Chief Justice, and CARSON, GILLETTE, DURHAM, BALMER, and KISTLER, Justices.

CARSON, J.

The central issue in this insurance contract case is whether an anti-assignment clause providing that "[y]our rights or duties under this policy may not be transferred without our written consent[]" is ambiguous and thus should be construed against its drafter. A trial court held that the clause was not ambiguous. The Court of Appeals reversed. Holloway v. Republic Indemnity Co. of America, 201 Or.App. 376, 382...

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