Walsh Construction Co. v. Mutual of Enumclaw

Plaintiff Walsh Construction Company (WCC) appeals from a judgment for defendant Mutual of Enumclaw on plaintiffs claim for breach of an insurance contract. As described below, we conclude that, because of the operation of ORS 30.140(1), defendant had no duty either to defend or to indemnify plaintiff. Accordingly, we affirm.

The material facts are not in dispute. Plaintiff, a general contractor, entered into an agreement with a subcontractor, Ron Rust Drywall, Inc. (Rust), to work on a remodeling job. The subcontract agreement between plaintiff and Rust obligated Rust to procure liability…