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LLOYD'S LONDON v. TNA NA MANUFACTURING

A175864.

523 P.3d 690 (2022)

323 Or. App. 447

CERTAIN UNDERWRITERS AT LLOYD'S LONDON Represented by XL Catlin Syndicates 2003 and 1209, Liberty Syndicate 4472, and Novae Syndicate 2007, Plaintiffs-Appellants, v. TNA NA MANUFACTURING, INC., dba FOODesign Machinery & Systems; and Food Design, Inc., an Oregon corporation, Defendants-Respondents.

Court of Appeals of Oregon.

December 29, 2022.

Attorney(s) appearing for the Case

Sara Kobak , Portland, argued the cause for appellants. Also on the briefs were William J. Ohle , Aukjen T. Ingraham , and Schwabe, Williamson & Wyatt, P.C.

Ashley Lauren Vulin , Portland, argued the cause for respondents. Also on the briefs were P. Andrew McStay, Jr. , Meagan A. Himes , and Davis Wright Tremaine LLP; and Dayna J. Christian , Nicole McMillan , and Immix Law Group PC.

Before Tookey, Presiding Judge, and Egan, Judge, and Kamins, Judge.

Plaintiffs (Lloyd's London), the insurer for SunOpta, Inc. (SunOpta), brought this lawsuit, alleging that equipment SunOpta bought from Food Design, Inc. (FDI), was defective. The trial court granted summary judgment in favor of FDI, concluding that the sales contract between the parties unambiguously immunized FDI from tort liability...

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