St. Paul Fire & Marine Insurance v. Continental Casualty Co.

St. Paul Fire and Marine Insurance Company (plaintiff) appeals from a judgment dismissing its complaint for failure to state ultimate facts constituting a claim. ORCP 21A(8). Whether the complaint states a claim is a question of law. We treat as true the allegations in it and any inferences favorable to plaintiff that may be drawn. Machunze v. Chemeketa Community College, 106 Or App 707, 712, 810 P2d 406, rev den 312 Or 16 (1991).

Plaintiff insured Grande Ronde Hospital. Smith, a former patient at the hospital, sued it and Dr. Wolfe, alleging that they were negligent in causing her injuries.…