CAPITOL SPECIALTY INS. v. CHAN & LUI, INC.

100507760; A146888.

274 P.3d 238 (2012)

248 Or. App. 674

CAPITOL SPECIALTY INSURANCE CORPORATION, a Wisconsin corporation, Plaintiff-Respondent, v. CHAN & LUI, INC., an Oregon corporation; dba Golden Star Restaurant and Lounge; King Tung Chan, an individual; and San Chun Chan, an individual, Defendants, and Robert Blanck, Personal Representative for the Estate of Jessica Blanck; and Lorie Shaddix, Personal Representative for the Estate of Kristyne Shaddix, Defendants-Appellants.

Court of Appeals of Oregon.

Decided March 14, 2012.


Attorney(s) appearing for the Case

Elden Rosenthal , Portland, argued the cause for appellants. With him on the briefs were John Devlin and Rosenthal, Greene & Devlin, P.C.

Jonathan W. Henderson , Portland, argued the cause for respondent. With him on the brief were William G. Earle and Davis Rothwell Earle & Xochihua, P.C.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.


SCHUMAN, P.J.

This case requires us to interpret an insurance policy issued by plaintiff to the owners of a restaurant. The policy contained "liquor liability" coverage insuring the owners in the event that they were found to be liable for serving alcohol to a customer who subsequently harmed others. The dispute arose after a customer who drank to intoxication, allegedly at the restaurant, caused an automobile accident in which two persons were killed. Defendants...

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