Legal Opinion

Willmar Development LLC v. Illinois National Insurance Co

Court of Appeals for the Ninth Circuit

Decided December 27, 2011No. 10-35979UnpublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM **

Appellants Illinois National Insurance Company and Lexington Insurance Company (“appellants”) appeal an adverse grant of summary judgment in favor of appellee Willmar Development, LLC (“Willmar”). The district court granted summary judgment on Willmar’s claim that appellants breached their duty to defend a lawsuit alleging negligence against Willmar in the site-selection and construction of a new home. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

To trigger an insurer’s duty to defend under Oregon law, the insured must demonstrate that the conduct alleged in the…

2Cases cited9 opinions

  1. Murray v. State Farm Fire & Casualty Co.West Virginia Supreme Court · 1998
  2. Employers Ins. of Wausau v. Tektronix, Inc.Court of Appeals of Oregon · 2007
  3. Anthem Electronics, Inc. v. Pacific Employers Insurance Company, a California Corporation Federal Insurance Company, an Indiana CorporationCourt of Appeals for the Ninth Circuit · 2002
  4. Nielsen v. St. Paul CompaniesOregon Supreme Court · 1978
  5. Finley v. Prudential Life & Casualty InsuranceOregon Supreme Court · 1963

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3Cited by1 opinion

  1. Great Northern Insurance Company v. Crown Pine Timber 4District Court, D. Oregon · 2021

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