Genesis Indemnity Insurance v. Deschutes County

This is an action for indemnity in which plaintiff insurer sought to recover from defendant Deschutes County (the county) the costs that plaintiff incurred in defending its insureds, who were the county’s agents, in an action arising from the agents’ performance of their duties for the county. The county appeals from partial summary judgment for plaintiff. Although other issues also are presented, the primary question on appeal is whether the county’s statutory duty to defend and indemnify its agents was superseded by plaintiffs having provided them with a defense based on its contractual…