ALLIANZ GLOBAL RISKS v. ACE PROP. & CAS.

(CC 120404552) (SC S067017).

483 P.3d 1124 (2021)

367 Or. 711

ALLIANZ GLOBAL RISKS US INSURANCE COMPANY and Allianz Underwriters Insurance Company, Petitioners on Review, 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, Respondents on Review, and Con-Way, Inc., as Successor to Consolidated Freightways, Inc., Respondent on Review, 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, Petitioners on Review, 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, Respondents on Review, 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, Respondents on Review, and Con-Way, Inc., as Successor to Consolidated Freightways, Inc., Respondent on Review, and Allstate Insurance Company, as Successor to Northbrook Excess and Surplus Insurance Company, fka Northbrook Insurance Company; et al., Defendants.

Supreme Court of Oregon.

March 25, 2021.


Attorney(s) appearing for the Case

C. Robert Steringer , Harrang Long Gary Rudnick P.C., Portland, argued the cause and filed the briefs for petitioners on review. Also on the briefs were James E. Mountain, Jr. , and Erica R. Tatoian , and, on the reply brief, Margaret H. Warner and Ryan S. Smethurst , McDermott Will & Emery LLP, Washington DC.

Robert Koch , Tonkon Torp, Portland, argued the cause and filed the brief for respondent on review Con-Way, Inc. Also on the brief were Frank J. Weiss and Anna K. Sortun.

Carl E. Forsberg , Forsberg & Umlauf, P.S., Seattle, Washington, argued the cause and filed the brief for respondents on review Certain Underwriters at Lloyd's London and Certain London Market Insurance Companies. Also on the brief were Matthew S. Adams and Charles Henty , Forsberg & Umlauf, P.S., Timothy R. Volpert , Tim Volpert, P.C., Portland, and Matthew B. Anderson and William B. Seo , Mendes & Mount, LLP, New York.

Thomas M. Christ , Sussman Shank LLP, Portland, filed the brief for respondent on review General Insurance Company.

Beverly Pearman , Assistant General Counsel, Portland, and Seth H. Row , Portland, filed the brief for amici curiae Port of Portland and United Policyholders.

Nadia H. Dahab , Stoll Stoll Berne Lokting & Shlachter, Portland, filed the brief in support of the petition for review and Lydia Anderson-Dana , Stoll Stoll Berne Lokting & Shlachter, filed the brief on the merits for amicus curiae Daimler Trucks North America LLC. Also on the brief on the merits was Steven C. Berman.

Michael E. Farnell , Parsons Farnell & Grein, LLP, Portland, filed the brief for amicus curiae Former Governor Ted Kulongoski.

Before Walters, Chief Justice, and Balmer, Nakamoto, Duncan, Nelson, and Garrett, Justices, and Rives Kistler, Senior Judge, Justice pro tempore.


This case arises out of an insurance company's civil action seeking equitable and statutory contribution from other insurers for claims and defense costs that it paid on behalf of its insured. We describe the factual background of the case and the claims in general terms before addressing the legal arguments in detail. For the reasons...

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