CONTINENTAL CASUALTY CO. v. ARGONAUT INS. CO.

No. A176743.

331 Or.App. 26

CONTINENTAL CASUALTY COMPANY and Transportation Insurance Company, Plaintiffs-Counterclaim Defendants, Respondents, v. ARGONAUT INSURANCE COMPANY, Defendant, and INSURANCE COMPANY OF NORTH AMERICA, now known as Century Indemnity Company, successor to CCI Insurance Company, Defendant-Counterclaimant-Cross Claimant, Respondent, and EMPLOYERS INSURANCE COMPANY OF WAUSAU, Defendant-Counterclaimant-Cross Claimant, Respondent Cross-Appellant, and INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Defendant-Cross Claim Defendant, Appellant Cross-Respondent.

Court of Appeals of Oregon.

February 22, 2024.


Attorney(s) appearing for the Case

William C. Perdue , Washington D. C., argued the cause for appellant-cross-respondent. Also on the briefs were Robert Reeves Anderson , Colorado, Samuel I. Ferenc , and Arnold & Porter Kaye Scholer LLP, Washington, D. C. and Thomas W. Brown , Julie A. Smith , and Cosgrave Vergeer Kestler LLP and Stephen R. Wong , Kenneth H. Sumner , and Sinnott, Puebla, Campagne & Curet APLC, California.

Laurie J. Hepler , California, argued the cause for respondents Continental Casualty Company and Transportation Insurance Company. Also on the brief were Rachel A. Beyda and Greines Martin Stein & Richland LLP, California, and Lawrence Gottlieb , Jeremy Schultze , H. Matthew Munson , and Betts, Patterson & Mines, P.S., Washington.

David C. Linder , Minnesota, argued the cause for respondent-cross-appellant Employers Insurance Company of Wausau. Also on the brief were Larson King LLP, Minnesota, and Thomas W. Sondag , Carter M. Mann , and Lane Powell, PC.

Thomas M. Christ and Sussman Shank LLP filed the brief for respondent Insurance Company of North America.

Before Egan, Presiding Judge, and Kamins, Judge, and DeVore, Senior Judge.


EGAN, P. J.

Reversed and remanded.

In Continental Casualty Company v. Argonaut Insurance Company (A176763) (Wausau), 331 Or.App. 38, ___ P3d ___ (2024), we set out the background facts and legal context for this claim by plaintiff Continental Casualty Company and Transportation Insurance Company (collectively...

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