Oregon duty to defend

Federal district trial court Erie-guesses that the Oregon Supreme Court would hold that, in determining an insurer’s duty to defend under a claims-made policy, the court may consider extrinsic evidence relating to when the claim was first made.  Harris Thermal Transfer Products, Inc. v. James River Ins. Co., No. CV 09-718-PK (D. Ore.  July 19, 2010).

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