Hedmann v. Liberty Mutual Fire Ins. Co.

FILED: April 14, 1999

IN THE COURT OF APPEALS OF THE STATE OF OREGON

SHAUN HEDMANN, M.D.,

Appellant,

v.

LIBERTY MUTUAL FIRE INSURANCE

COMPANY, a Massachusetts corporation,

Respondent.

(9708-06259; CA A100556)

Appeal from Circuit Court, Multnomah County.

Ann L. Fisher, Judge pro tempore.

On respondent's petition for reconsideration filed March 1, 1999. Opinion filed February 17, 1999. 158 Or App 510, ___ P2d ___.

Leslie A. Kocher, Roderic S. MacMillan and MacMillan, Scholz & Marks, P.C., for petition.

Sean Donahue and Donahue & Associates contra.

Before Landau, Presiding Judge, and Wollheim, Judge, and Rossman, Senior Judge.

ROSSMAN, S. J.

Petition for reconsideration allowed; disposition modified to provide: "Reversed and remanded for entry of judgment determining that defendant had a duty to defend plaintiff in underlying personal injury action."; adhered to as modified.

ROSSMAN, S. J.

Defendant seeks reconsideration of our opinion in this case, Hedmann v. Liberty Mutual Fire Ins. Co., 158 Or App 510, ___ P2d ___ (1999), in which we determined that defendant had a duty to defend plaintiff in an underlying negligence action under the terms of plaintiff's homeowners' and catastrophe insurance policies. We allow the motion for the purpose of correcting the disposition line of the opinion. The corrected disposition reads as follows: "Reversed and remanded for entry of judgment determining that defendant had a duty to defend plaintiff in underlying personal injury action."

Petition for reconsideration allowed; disposition modified to provide: "Reversed and remanded for entry of judgment determining that defendant had a duty to defend plaintiff in underlying personal injury action."; adhered to as modified.