United Pacific Insurance v. Mazama Timber Products, Inc.

Plaintiff, an insurance company, brought a proceeding for a declaratory judgment to determine its responsibility to its insured, defendant, under a policy of liability insurance. The matter was tried by the court without a jury. Plaintiff appeals from a judgment for defendant and the dismissal of plaintiff’s complaint.

A young boy came upon defendant’s premises, a sawmill, near Sutherlin, Oregon, and lost a leg when he fell into a conveyor. The policy of liability insurance issued by plaintiff to defendant had a provision which stated that in case of an accident the insured was required to…