Columbia Helicopters, Inc. v. Carson Helicopters, Inc., No. 09-36071 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 26 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT COLUMBIA HELICOPTERS, INC., an Oregon corporation, No. 09-36071 D.C. No. 6:08-cv-06415-AA Plaintiff - Appellee, MEMORANDUM * v. CARSON HELICOPTERS, INC., a Pennsylvania corporation, FKA Carson Services, Inc., Defendant - Appellant. Appeal from the United States District Court for the District of Oregon Ann L. Aiken, Chief District Judge, Presiding Argued and Submitted October 7, 2010 Portland, Oregon Before: TASHIMA, PAEZ and CLIFTON, Circuit Judges. Carson Helicopters, Inc. appeals the district court s partial summary judgment in favor of Columbia Helicopters, Inc. We agree with the district court * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. that Carson is obligated under the indemnities clause to defend Columbia against lawsuits arising out of the 2008 helicopter crash. Accordingly, we affirm. Oregon law relating to contract interpretation provides that where there are several provisions or particulars, such construction is, if possible, to be adopted as will give effect to all, and that a court may not omit what has been inserted. Or. Rev. Stat. § 42.230; see Industra/Matrix Joint Venture v. Pope & Talbot, Inc., 341 Ore. 321, 335 (2006). The word defend has a plain meaning distinct from indemnify and clearly indicates that Carson is obligated to provide Columbia with a defense of the claims arising out of the crash, because those claims meet the monetary threshold amounts set forth in the clause. To conclude otherwise would read the word defend out of the clause. AFFIRMED. 2

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