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WEST HILLS DEVELOPMENT v. CHARTIS CLAIMS

CC C107384CV CA A152556 SC S063823.

385 P.3d 1053 (2016)

360 Or. 650

WEST HILLS DEVELOPMENT COMPANY, an Oregon corporation, Respondent on Review, v. CHARTIS CLAIMS, INC., et al., Defendants, and OREGON AUTOMOBILE INSURANCE COMPANY, an Oregon company, Petitioner on Review. Oregon Automobile Insurance Company, Third-Party Plaintiff, v. Quanta Specialty Lines Insurance Company, Third-Party Defendant.

Supreme Court of Oregon.

December 8, 2016.

Attorney(s) appearing for the Case

Thomas M. Christ, Cosgrave Vergeer Kester LLP, Portland, argued the cause and filed the briefs for petitioner on review.

Michael E. Farnell, Parsons Farnell & Grein, LLP, Portland, argued the cause and filed the brief for respondent on review. Also on the brief were Steven R. Powers and W. Blake Mikkelsen.

Linda B. Clapham, Carney Badley Spellman PS, Seattle, filed the brief for amici curiae Property Casualty Association of America and National Association of Mutual Insurance Companies.

Nicholas A. Thede, Ball Janik, LLP, Portland, filed the brief for amicus curiae Oregon-Columbia Chapter of the Associated General Contractors. Also on the brief was Kyle A. Sturm.

Nadia H. Dahab, Stoll Stoll Berne Lokting & Shlachter PC, Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

En Banc.

BREWER, J.

This case presents a question about a liability insurer's duty to defend an insured against a civil action. Ordinarily, courts decide whether an insurer had a duty to defend by comparing the provisions of the insurance policy to the allegations of the complaint against the insured, without regard to extrinsic evidence. Bresee Homes, Inc. v. Farmers Ins. Exchange, 353 Or. 112, 116, 293...

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