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Allianz Global Risks U.S. Insurance Co. v. Ace Property & Casualty Insurance Co.

Court of Appeals of Oregon

May 8, 2019

ALLIANZ GLOBAL RISKS U.S. INSURANCE COMPANY and Allianz Underwriters Insurance Company, Plaintiffs-Appellants,
v.
ACE PROPERTY & CASUALTY INSURANCE COMPANY, as Successor to Aetna Insurance Company; Certain Underwriters at Lloyd's London; Certain London Market Insurance Companies; General Insurance Company; and Westport Insurance Corporation, as Successor to Puritan Insurance Company, Defendants-Respondents, and CON-WAY, INC., as Successor to Consolidated Freightways, Inc., Intervenor-Respondent, and ALLSTATE INSURANCE COMPANY, as Successor to Northbrook Excess and Surplus Insurance Company, fka Northbrook Insurance Company; et al., Defendants. ALLIANZ GLOBAL RISKS U.S. INSURANCE COMPANY and Allianz Underwriters Insurance Company, Plaintiffs-Respondents,
v.
ACE PROPERTY & CASUALTY INSURANCE COMPANY, as Successor to Aetna Insurance Company; General Insurance Company; and Westport Insurance Corporation, as Successor to Puritan Insurance Company, Defendants-Respondents, and AMERICAN HOME ASSURANCE COMPANY; Certain Underwriters at Lloyd's London; Certain London Market Insurance Companies; Continental Casualty Company; Lexington Insurance Company; Northern Assurance Company of America, Defendants-Appellants, and CON-WAY, INC., as Successor to Consolidated Freightways, Inc., Intervenor-Respondent, and ALLSTATE INSURANCE COMPANY, as Successor to Northbrook Excess and Surplus Insuance Company, fka Northbrook Insurance Company; et al. Defendants.

         [297 Or.App. 435] Argued and Submitted September 12, 2017

          Multnomah County Circuit Court 120404552, Christopher J. Marshall, Judge.

          In A159758, C. Robert Steringer argued the cause for appellants. Also on the briefs were James E. Mountain, Jr., and Harrang Long Gary Rudnick P.C.; and Margaret H. Warner, Ryan S. Smethurst, Andrew J. Genz, and McDermott Will & Emery LLP, Washington, D.C.

          In A159758, Frank J. Weiss argued the cause for respondent Con-way, Inc. Also on the briefs were Robyn Ridler Aoyagi, Anna K. Sortun, and Tonkon Torp LLP.

          In A159758, Matthew B. Anderson, New York, argued the cause for respondents Certain Underwriters at Lloyd's London and Certain London Market Insurance Companies. [297 Or.App. 436] Also on the joint answering brief were Timothy R. Volpert and Tim Volpert, P.C.; Carl E. Forsberg, Matthews S. Adams, Charles Henry, and Forsberg & Umlauf, P.S., Washington; and William B. Seo and Mendes & Mount, LLP, New York. On the reply brief on cross-assignment of error was Timothy R. Volpert and Tim Volpert, P.C.

          In A159758, R. Lind Stapley, Geoffrey Bedell, and Soha & Lang, P.S., fled the briefs for respondent Ace Property & Casualty Insurance Company.

          In A159758, Thomas M. Christ fled the briefs for respondent General Insurance Company.

          In A159758, Melia Shears and Callahan & Shears, P.C., fled the briefs for respondent Westport Insurance Company.

          In A159858, Matthew B. Anderson, New York, argued the cause for appellants. Also on the joint opening brief were Timothy R. Volpert and Tim Volpert, P.C.; Carl E. Forsberg, Matthews S. Adams, Charles Henry, and Forsberg & Umlauf, P.S., Washington; and William B. Seo and Mendes & Mount, LLP, New York. On the combined reply brief and answering brief on cross-assignments of error was Timothy R. Volpert and Tim Volpert, P.C.

          In A159858, Frank J. Weiss argued the cause for respondent Con-way, Inc. Also on the briefs were Robyn Ridler Aoyagi, Anna K. Sortun, and Tonkon Torp LLP.

          In A159858, R. Lind Stapley, Geoffrey Bedell, and Soha & Lang, P.S., fled the briefs for respondent Ace Property & Casualty Insurance Company.

          In A159858, Thomas M. Christ fled the briefs for respondent General Insurance Company.

          In A159858, Melia Shears and Callahan & Shears, P.C., fled the briefs for respondent Westport Insurance Company.

          In A159858, no appearance for respondents A llianz Global Risks U.S. Insurance Company and Allianz Underwriters Insurance Company.

          Beverly Pearman, Amy Bach, California, and Dan Wade, California, fled the joint brief amicus curiae for Port of Portland and United Policyholders.

         [297 Or.App. 437] Before Powers, Presiding Judge, and Egan, Chief Judge, and Ortega, Judge.[*]

         Case Summary:

         In this insurance case, plaintiffs, as insurers for Daimler Trucks North America LLC, successor to Freightliner Corporation, appeal from the dismissal of plaintiffs' action for statutory and equitable contribution and declaratory judgment against defendant insurers (Freightliner's historical primary and excess liability insurers), assigning error to, among other rulings, the trial court's submitting for the jury's consideration questions concerning the interpretation of insurance policies. Defendants and Freightliner's former parent corporation, Con-way, Inc., cross-assign error to the trial court's failure to grant defendants' motion for directed verdict on plaintiffs' claims on the ground that Daimler did not assume Freightliner's contingent liabilities and therefore may not seek indemnity under the policies. Held: The documents, viewed together, unambiguously provide that Daimler did not assume Freightliner's contingent liabilities, and plaintiffs therefore may not ...


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