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CAIN PETROLEUM INC. v. ZURICH AMERICAN INS., CO.

030504907; A134133.

197 P.3d 596 (2008)

224 Or. App. 235

CAIN PETROLEUM INCORPORATED, an Oregon corporation, Plaintiff-Appellant, v. ZURICH AMERICAN INSURANCE COMPANY, a foreign insurance company doing business in Oregon, Defendant-Respondent, and Oregon Insurance Guaranty Association, an Oregon association; United National Insurance Company, a foreign insurance company doing business in Oregon; Admiral Insurance Company, a foreign insurance company doing business in Oregon; Stonewall Insurance Company, a foreign insurance company doing business in Oregon; American Economy Insurance Company, a foreign insurance company doing business in Oregon, Defendants.

Court of Appeals of Oregon.

Decided December 3, 2008.

Attorney(s) appearing for the Case

Helen C. Tompkins, Portland, argued the cause for appellant. With her on the briefs was Mary Ellen Page Farr.

Brent J. Graber, Chicago, IL, argued the cause for respondent. With him on the brief were Margaret Fiorino and Meckler Bulger & Tilson, LLP.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

LANDAU, P.J.

The issue in this declaratory judgment proceeding is whether an insurance policy that defendant Zurich American Insurance Company provided to plaintiff provides coverage for losses caused by releases of gasoline from certain underground storage tanks located on plaintiff's property. The trial court concluded that, under the unambiguous terms of the policy, no coverage is available. Plaintiff appeals, arguing that the insurance policy is ambiguous and...

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