Legal Opinion

Lancaster v. Royal Insurance of America

Oregon Supreme Court

Decided October 7, 1986No. TC A8402-01107; CA A35364; SC S32444PublishedCited by 40 opinions

1Opinion of the CourtCampbell, J.

This case involves a covenant not to execute and an assignment of rights against an insurer.

Plaintiff was injured in an automobile accident involving Joseph R. Martin. He brought an action against Martin; Martin’s employer, Columbia Fence Company (Columbia); and Columbia’s insurer, Royal Insurance Company (Royal). The claim against Columbia was severed and held in abeyance. Royal denied coverage and refused to defend the lawsuit. Thereafter, Martin entered into a settlement agreement with plaintiff. On July 1,1983, plaintiff agreed not to execute “personally” on a judgment against Martin, in…

2Cases cited10 opinions

  1. Miller v. ShugartSupreme Court of Minnesota · 1982
  2. State Farm Mutual Automobile Insurance v. PaynterCourt of Appeals of Arizona · 1979
  3. Groce v. Fidelity General Insurance CompanyOregon Supreme Court · 1968
  4. Stubblefield v. St. Paul Fire & Marine InsuranceOregon Supreme Court · 1973
  5. Davis v. Tyee Industries, Inc.Oregon Supreme Court · 1983

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3Cited by40 opinions

  1. Picadilly, Inc. v. RaikosIndiana Supreme Court · 1991
  2. Kobbeman v. OlesonSouth Dakota Supreme Court · 1998
  3. New Hampshire Insurance v. McCannMassachusetts Supreme Judicial Court · 1999
  4. Jackson v. Rogers & WellsCalifornia Court of Appeal · 1989
  5. Can Do, Inc. Pension & Profit Sharing Plan & Successor Plans v. Manier, Herod, Hollabaugh & SmithTennessee Supreme Court · 1996

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