EMPLOYERS-SHOPMENS LOCAL 516 v. TRAVELERS

050201821; A137119.

235 P.3d 689 (2010)

235 Or. App. 573

EMPLOYERS-SHOPMENS LOCAL 516 PENSION TRUST and Western States Health and Welfare Trust Fund of the OPEIU, Plaintiffs-Appellants, and Coral Construction Company Restated Employee Profit Sharing Plan & Trust, Plaintiff, v. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA and Hartford Fire Insurance Company, Defendants-Respondents, and Fidelity and Deposit Company of Maryland; Willis of Oregon, Inc.; and Marsh USA, Inc., Defendants.

Court of Appeals of Oregon.

Decided June 16, 2010.


Attorney(s) appearing for the Case

Michael E. Farnell, Portland, argued the cause for appellants. With him on the briefs were Emily S. Miller and Parsons Farnell & Grein, LLP.

Carla Scott, Portland, argued the cause for respondent Travelers Casualty and Surety Company of America. With her on the brief were G. Kevin Kiely and Cable Huston Benedict Haagensen & Lloyd LLP.

Thomas A. Larkin, Portland, argued the cause for respondent Hartford Fire Insurance Company. With him on the brief were John Spencer Stewart, Tyler J. Storti, and Stewart Sokol & Gray, LLC.

Lisa T. Hunt, Michael R. Seidl, and Landye Bennett Blumstein LLP filed the brief amicus curiae for The Surety & Fidelity Association of America.

Dean P. Felton filed the brief amicus curiae pro se.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.


HASELTON, P.J.

Plaintiffs, Employers-Shopmens Local 516 Pension Trust (Local 516) and Western States Health and Welfare Trust Fund of the OPEIU (Western), appeal a limited judgment, dismissing plaintiffs' breach of contract claim against defendants, Travelers Casualty and Surety Company of America (Travelers) and Hartford Fire Insurance Company (Hartford), after the trial court granted summary judgment in favor of both insurers.1 At the...

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