Legal Opinion
West Hills Development Co. v. Chartis Claims, Inc.
Oregon Supreme Court
Decided December 8, 2016No. CC C107384CV; CA A152556; SC S063823PublishedCited by 28 opinions
1Opinion of the CourtBrewer, J.
The decision of the Court of Appeals and the judgment of the circuit court are affirmed.
BREWER, J.
This case presents a question about a liability insurer’s duty to defend an insured against a civil action. Ordinarily, courts decide whether an insurer had a duty to defend by comparing the provisions of the insurance policy to the allegations of the complaint against the insured, without regard to extrinsic evidence. Bresee Homes, Inc. v. Farmers Ins. Exchange, 353 Or 112, 116, 293 P3d 1036 (2012). In this case, the trial court and the Court of Appeals concluded that extrinsic evidence should…
2Cases cited12 opinions
- Ledford v. GutoskiOregon Supreme Court · 1994
- Casey v. Northwestern Security Insurance CompanyOregon Supreme Court · 1971
- Blohm v. Glens Falls InsuranceOregon Supreme Court · 1962
- ZRZ Realty Co. v. Beneficial Fire & Casualty InsuranceOregon Supreme Court · 2010
- City of Burns v. Northwestern Mutual InsuranceOregon Supreme Court · 1967
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Bighorn Logging Corp. v. Truck Ins. Exch.Court of Appeals of Oregon · 2019
- Allianz Global Risks v. ACE Property & Casualty Ins. Co.Oregon Supreme Court · 2021
- PIH Beaverton LLC v. Red Shield Ins. Co.Court of Appeals of Oregon · 2018
- Rogowski v. Safeco Ins. Co.Court of Appeals of Oregon · 2020
- Fireman's Fund Ins. Co. v. Hyster-Yale Group, Inc.Ohio Court of Appeals · 2019
23 more not listed; retrieve them via the Exa API.