CV05120776; A143752.

273 P.3d 165 (2012)

248 Or. App. 91

PORTLAND GENERAL ELECTRIC COMPANY, an Oregon corporation, Plaintiff-Respondent, v. EBASCO SERVICES, INC., fka Esicorp, Inc., et al., Defendants, and Lexington Insurance Company, Defendant-Appellant. EECI, Inc., a Nevada corporation, Third-Party Plaintiff, v. General Electric Company, a New York Corporation, et al., Third-Party Defendants.

Court of Appeals of Oregon.

Decided February 8, 2012.

Attorney(s) appearing for the Case

James A. Sonne argued the cause for appellant. On the briefs were Bullivant Houser Bailey PC, Daniel F. McNeil , and Stephen F. Deatherage .

Brian R. Talcott , Portland, argued the cause for respondent. With him on the brief was Dunn Carney Allen Higgins & Tongue LLP.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.


Defendant Lexington Insurance Company appeals an order denying its motion to set aside a default judgment for $800,000, plus costs and fees, that the trial court entered in favor of plaintiff Portland General Electric Company.1 Defendant makes three arguments on appeal: (1) that the trial court lacked jurisdiction to enter a default judgment awarding monetary damages because plaintiff "never indicated to [defendant], in its...

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