Fireman's Fund Ins. Co. v. Ed Niemi Oil Co., Inc.

OPINION AND ORDER

MOSMAN, District Judge.

The Oregon Environmental Cleanup Assistance Act (“ECAA”) provides that an insurer who pays defense or indemnity costs or both on behalf of an insured has a right of contribution against “any other insurer that is liable or potentially liable.” Or.Rev.Stat. § 465.480(4). The question currently before the court is what effect a settlement between a “liable or potentially liable” insurer and the insured that completely releases the settling insurer from further liability to the insured has on the right of contribution. Stated another way, does a complete…