Fredericks v. Universal Underwriters Insurance

In this declaratory judgment action, plaintiffs seek a declaration that defendant, their insurer, had an obligation to cover their expenses in defending certain lawsuits brought against them. ORS 28.010 et seq. After the complaint was filed, plaintiffs moved for summary judgment. Defendant then filed a cross-motion for summary judgment on the ground that it has fulfilled its obligations under its policy by paying $20,000 of plaintiffs’ defense expenses. The trial court ruled for plaintiffs on all of their claims, ORCP 47 C, and defendant appeals from the resulting judgment. We reverse.

Plaintif…