City of Tualatin v. City-County Insurance Services Trust

City of Tualatin (City) appeals from a summary judgment entered for City-County Insurance Services and its trustees (CIS) on City’s claim for indemnification by CIS for costs associated with defending City’s mayor. We affirm.

The facts relevant to this appeal are not disputed. CIS provides City with primary liability coverage for claims brought against City. The insurance agreement between the parties obligates CIS to pay damages incurred by City under the Oregon Tort Claims Act (OTCA):

“[T]he Company will pay on behalf of the Insured all sums which the Insured shall be legally obligated to pay…