CONTINENTAL CASUALTY CO. v. ARGONAUT INS. CO.

No. A176763.

331 Or.App. 38

CONTINENTAL CASUALTY COMPANY and Transportation Insurance Company, Plaintiff-Respondents, v. ARGONAUT INSURANCE COMPANY et al., Defendants, and INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Defendant-Respondent, and EMPLOYERS INSURANCE COMPANY OF WAUSAU, Defendant-Appellant. INSURANCE COMPANY OF NORTH AMERICA, Third-Party Plaintiff, v. ARGONAUT INSURANCE COMPANY et al., Third-Party Defendants.

Court of Appeals of Oregon.

February 22, 2024.


Attorney(s) appearing for the Case

David C. Linder , Minnesota, argued the cause for appellant. Also on the briefs were Larson King LLP, Minnesota, and Thomas W. Sondag , Carter M. Mann , and Lane Powell PC.

William C. Perdue , Washington, D. C., argued the cause for respondent Insurance Company of the State of Pennsylvania. Also on the brief were Robert Reeves Anderson , Colorado, Timothy R. Macdonald , 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. Summer , and Sinnott, Puebla, Campagne & Curet APLC, California.

Laurie J. Helper , 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.

Louis A. Ferreira , Cameron Zangenehzadeh , and Stoel Rives LLP, filed the brief amicus curiae for Schnitzer Steel Industries, Inc., and MMGL, LLC.

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


EGAN, P. J.

Reversed and remanded.

Kamins, J., dissenting.

In this contribution action under ORS 465.480(4) arising in the context of the Portland Harbor Superfund Site cleanup, defendant Employers Insurance Company of Wausau (Wausau) appeals from a judgment for plaintiffs Continental Casualty Company and Transportation...

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