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ALLIANZ GLOBAL RISKS US v. ACE PROP&CAS INS.

A159758 (Control) A159858.

442 P.3d 212 (2019)

297 Or.App. 434

ALLIANZ GLOBAL RISKS US INSURANCE COMPANY and Allianz Underwriters Insurance Company, Plaintiffs-Appellants, v. ACE PROPERTY & CASUALTY INSURANCE COMPANY, as Successor to Aetna Insurance Company; Certain Underwriters at Lloyd's London; Certain London Market Insurance Companies; General Insurance Company; and Westport Insurance Corporation, as Successor to Puritan Insurance Company, Defendants-Respondents, and Con-way, Inc., as Successor to Consolidated Freightways, Inc., Intervenor-Respondent, and Allstate Insurance Company, as Successor to Northbrook Excess and Surplus Insurance Company, fka Northbrook Insurance Company; et al., Defendants. Allianz Global Risks US Insurance Company and Allianz Underwriters Insurance Company, Plaintiffs-Respondents, v. ACE Property & Casualty Insurance Company, as Successor to Aetna Insurance Company; General Insurance Company; and Westport Insurance Corporation, as Successor to Puritan Insurance Company, Defendants-Respondents, and American Home Assurance Company; Certain Underwriters at Lloyd's London; Certain London Market Insurance Companies; Continental Casualty Company; Lexington Insurance Company; Northern Assurance Company of America, Defendants-Appellants, and Con-way, Inc., as Successor to Consolidated Freightways, Inc., Intervenor-Respondent, and Allstate Insurance Company, as Successor to Northbrook Excess and Surplus Insurance Company, fka Northbrook Insurance Company; et al. Defendants.

Court of Appeals of Oregon.

May 8, 2019.

Attorney(s) appearing for the Case

In A159758, C. Robert Steringer , Portland, argued the cause for appellants. Also on the briefs were James E. Mountain, Jr. , and Harrang Long Gary Rudnick P.C.; and Margaret H. Warner , Ryan S. Smethurst , Andrew J. Genz , and McDermott Will & Emery LLP, Washington, D.C.

In A159758, Frank J. Weiss argued the cause for respondent Con-way, Inc. Also on the briefs were Robyn Ridler Aoyagi , Anna K. Sortun , and Tonkon Torp LLP.

In A159758, Matthew B. Anderson , New York, argued the cause for respondents Certain Underwriters at Lloyd's London and Certain London Market Insurance Companies. Also on the joint answering brief were Timothy R. Volpert and Tim Volpert, P.C.; Carl E. Forsberg , Matthews S. Adams , Charles Henty , and Forsberg & Umlauf, P.S., Washington; and William B. Seo and Mendes & Mount, LLP, New York. On the reply brief on cross-assignment of error was Timothy R. Volpert and Tim Volpert, P.C.

In A159758, R. Lind Stapley , Geoffrey Bedell , and Soha & Lang, P.S., filed the briefs for respondent Ace Property & Casualty Insurance Company.

In A159758, Thomas M. Christ filed the briefs for respondent General Insurance Company.

In A159758, Melia Shears and Callahan & Shears, P.C., filed the briefs for respondent Westport Insurance Company.

In A159858, Matthew B. Anderson , New York, argued the cause for appellants. Also on the joint opening brief were Timothy R. Volpert and Tim Volpert, P.C.; Carl E. Forsberg , Matthews S. Adams , Charles Henty , and Forsberg & Umlauf, P.S., Washington; and William B. Seo and Mendes & Mount, LLP, New York. On the combined reply brief and answering brief on cross-assignments of error was Timothy R. Volpert and Tim Volpert, P.C.

In A159858, Frank J. Weiss argued the cause for respondent Con-way, Inc. Also on the briefs were Robyn Ridler Aoyagi , Anna K. Sortun , and Tonkon Torp LLP.

In A159858, R. Lind Stapley , Geoffrey Bedell , and Soha & Lang, P.S., filed the briefs for respondent Ace Property & Casualty Insurance Company.

In A159858, Thomas M. Christ filed the briefs for respondent General Insurance Company.

In A159858, Melia Shears and Callahan & Shears, P.C., filed the briefs for respondent Westport Insurance Company.

In A159858, no appearance for respondents Allianz Global Risks US Insurance Company and Allianz Underwriters Insurance Company.

Beverly Pearman , Amy Bach , California, and Dan Wade , California, filed the joint brief amicus curiae for Port of Portland and United Policyholders.

Before Powers, Presiding Judge, and Egan, Chief Judge, and Ortega, Judge.

In this insurance coverage case, plaintiffs Allianz Global Risks US Insurance Company and Allianz Underwriters Insurance Company (plaintiffs) appeal from the dismissal of their action for statutory and equitable contribution and declaratory judgment against defendants ACE Property & Casualty Insurance Company (ACE), General Insurance...

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