Fireman's Fund Insurance Company et al v. Ed Niemi Oil Company, Incorporated et al
| Fireman's Fund Insurance Company and National Surety Corporation |
| Alice Bechtolt, Warren Bechtolt, Burns Johanson Oil Company, ETU Inc., Ed Niemi Oil Company, Incorporated, Federated Mutual Insurance Company, North Pacific Insurance Co. and Oregon Automobile Insurance Company |
| Ed Niemi Oil Company, Incorporated, North Pacific Insurance Co. and Oregon Automobile Insurance Company |
| Fireman's Fund Insurance Company and National Surety Corporation |
| 3:2003cv00025 |
| March 30, 2010 |
| US District Court for the District of Oregon |
| Portland Office |
| Michael W. Mosman |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Declaratory Judgment |
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The following documents for this case are available for you to view or download:
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Filing
571
OPINION AND ORDER: For the reasons given above, I find that the decision of the Oregon Court of Appeals in Underwriters informs construction of ORS 742.061(1), rather than the Ninth Circuit's decision in Webb. In light of Underwriters 9;s holding that ORS 742.061(1) does not authorize attorney fees in an equitable contribution action between liability insurers, I must DENY plaintiffs' Motion for Attorney Fees 532 . I do, however, award plaintiffs' Bill of Costs 531 in the amount of $98,763.39. Signed on 8/31/2010 by Judge Michael W. Mosman. (dls)
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Filing
522
Amended Findings of Fact and Conclusions of Law. See order for full text. Signed on 4/14/2010 by Judge Michael W. Mosman. (dls)
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Filing
512
Findings of Fact and Conclusions of Law. I find in favor of plaintiff Fireman's Fund and I conclude that it proved its claims by a preponderance of evidence presented at trial. Therefore, judgment shall be entered in favor of plaintiff. Signed on 3/30/10 by Judge Michael W. Mosman. (cib)
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Filing
460
OPINION AND ORDER: For the reasons given above, I DENY defendants' Motion for Partial Summary Judgment Regarding Allocation of Defense Costs 430 and Motion for Partial Summary Judgment Regarding Potentially Applicable Policies 434 , and I GRANT plaintiff's Motion for Leave to File Third Amended Complaint 448 . Signed on 12/15/09 by Judge Michael W. Mosman. (dls)
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