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STATE FARM FIRE AND CASUALTY CO. v. AMERICAN FAMILY MUTUAL INS. CO.

07C11056; A142944.

253 P.3d 65 (2011)

242 Or. App. 60

STATE FARM FIRE AND CASUALTY COMPANY, Plaintiff-Respondent, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 6, 2011.

Attorney(s) appearing for the Case

Todd S. Baran argued the cause and filed the briefs for appellant.

Michael J. Walker , Portland, argued the cause for respondent. With him on the brief were J. Philip Parks and Parks, Bauer, Sime, Winkler & Fernety, LLP.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and EDMONDS, Senior Judge.

EDMONDS, S.J.

Defendant appeals, after the trial court granted summary judgment to plaintiff in this declaratory judgment action. The judgment entered by the trial court declares that defendant had a duty to defend its insured Edgewater Homes, Inc. (Edgewater) in an action for damages brought against Edgewater by Sorab and Haleh Vossoughis. We reverse and remand.

Plaintiff is also an insurer of Edgewater. After the Vossoughises' action was filed against Edgewater...

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