Legal Opinion

Falkenstein's Meat Co. v. Maryland Casualty Co.

Court of Appeals of Oregon

Decided May 18, 1988No. 16-86-01587; CA A40977PublishedCited by 11 opinions

1Opinion of the CourtDeits, J.

Plaintiff brought this declaratory judgment action against its liability insurer to determine whether it has a duty to defend an action brought by a former employe. On cross-motions for summary judgment, the trial court granted defendant’s motion, denied plaintiffs and entered judgment for defendant. Plaintiff appeals. We agree with the trial court’s determination that defendant had no duty to defend plaintiff and affirm.

Defendant issued a comprehensive general liability policy to plaintiff. It provides, in part:

“The company will pay on behalf of the insured all sums which the insured shall…

2Cases cited8 opinions

  1. Ferguson v. Birmingham Fire Insurance CompanyOregon Supreme Court · 1969
  2. Nielsen v. St. Paul CompaniesOregon Supreme Court · 1978
  3. Oakridge Community Ambulance Service, Inc. v. United States Fidelity & Guaranty Co.Oregon Supreme Court · 1977
  4. Mary & Alice Ford Nursing Home Co. v. Fireman's Insurance of NewarkAppellate Division of the Supreme Court of the State of New York · 1982
  5. Mary & Alice Ford Nursing Home Co., Inc. v. Fireman's Ins. Co. of Newark, New JerseyNew York Court of Appeals · 1982

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. National Union Fire Insurance v. Starplex Corp.Court of Appeals of Oregon · 2008
  2. ZRZ Realty Co. v. Beneficial Fire & Casualty InsuranceCourt of Appeals of Oregon · 2008
  3. Smithway Motor Xpress, Inc. v. Liberty Mutual Insurance Co.Supreme Court of Iowa · 1992
  4. Drake v. Mutual of Enumclaw InsuranceCourt of Appeals of Oregon · 2000
  5. Groshong v. Mutual of Enumclaw InsuranceCourt of Appeals of Oregon · 1996

6 more not listed; retrieve them via the Exa API.

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