United States Fidelity & Guaranty Co. v. Kaiser Gypsum Co.

This is an action for common law indemnity brought by plaintiff, United States Fidelity & Guaranty Company, against defendant, Kaiser Gypsum Co., Inc. The court found for defendant, and plaintiff appeals. The issues on appeal are:(1) Whether ORS 656.018(1) bars plaintiff’s action for indemnity; and(2) Whether the amended complaint states facts sufficient to constitute a cause of action against Kaiser.

The facts were stipulated. Kaiser operates a plant in St. Helens. In early 1971, the A. J. Zinda Company completed the installation of a fiberboard machine in that plant. On February 13, 1971,…