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FILED: January 14, 2009
IN THE COURT OF APPEALS OF THE
STATE OF OREGON
ZRZ REALTY COMPANY,
an Oregon corporation,
for itself and as trustee of the ZIDELL REMEDIATION FUNDING TRUST,
an Oregon trust;
ZIDELL MARINE CORPORATION,
a Washington corporation;
TUBE FORGINGS OF AMERICA, INC.,
an Oregon corporation;
and PON EXPLORATION, INC.,
>a Delaware corporation,
fka Zidell Explorations, Inc.,
an Oregon corporation,
Plaintiffs-Respondents,
Cross-Appellants,
v.
BENEFICIAL FIRE AND CASUALTY INSURANCE
COMPANY,
succeeded in interest by J.C. Penney Life Insurance Company, et. al.;
and PRUDENTIAL ASSURANCE COMPANY, LTD.,
Defendants,
and
CERTAIN UNDERWRITERS AT LLOYD'S OF
LONDON,
and CERTAIN LONDON MARKET INSURANCE
COMPANIES,
aka "Lloyds", including the following defendant companies:
ASSICURAZIONI GENERALI S.P.A.,
INSURANCE COMPANY OF NORTH AMERICA
(UK) LTD.,
COMMERCIAL UNION ASSURANCE COMPANY,
PLC,
EDINBURGH ASSURANCE COMPANY, LTD.,
OCEAN MARINE INSURANCE COMPANY, LTD.,
WORLD AUXILIARY INSURANCE CORPORATION,
LTD.,
CORNHILL INSURANCE COMPANY, LTD.,
DOMINION INSURANCE COMPANY, LTD.,
EAGLE STAR INSURANCE COMPANY LTD,
THE THREADNEEDLE INSURANCE COMPANY
LTD.,
EXCESS INSURANCE COMPANY LTD.,
LONDON & EDINBURGH GENERAL
INSURANCE COMPANY LTD.,
NEW ZEALAND INSURANCE COMPANY, LTD.,
ROAD TRANSPORT & GENERAL INSURANCE
COMPANY, LTD.,
SOUTH BRITISH INSURANCE COMPANY, LTD.,
ULSTER MARINE INSURANCE COMPANY, LTD.,
THE UNITED SCOTTISH INSURANCE COMPANY,
LTD.,
YORKSHIRE INSURANCE COMPANY, LTD.,
HANSA RE & MARINE INSURANCE
COMPANY (UK) LTD.,
LA REUNION FRANCAISE (UK) LTD.,
ECONOMIC INSURANCE COMPANY LTD.,
NORWICH UNION FIRE INSURANCE SOCIETY,
LTD.,
FIREMEN'S INSURANCE COMPANY OF NEWARK
NEW JERSEY,
SWISS UNION GENERAL INSURANCE COMPANY,
LTD.,
LEADENHALL INSURANCE COMPANY, LTD.,
BISHOPGATE INSURANCE COMPANY, LTD.,
HOME INSURANCE COMPANY,
NIPPON FIRE & MARINE INSURANCE
COMPANY (UK) LTD.,
SWITZERLAND GENERAL INSURANCE COMPANY,
LTD.,
RIVER THAMES INSURANCE COMPANY, LTD.,
ROYAL INSURANCE COMPANY LTD.,
BRITISH FIRE INSURANCE COMPANY, LTD.,
BRITISH & FOREIGN INSURANCE
COMPANY, LTD.,
NATIONAL PROVINCIAL INSURANCE COMPANY,
LTD.,
THE SCOTTISH LION INSURANCE COMPANY,
LTD.,
SKANDIA MARINE INSURANCE COMPANY (UK),
LTD.,
DRAKE INSURANCE COMPANY, LTD.,
SPHERE INSURANCE COMPANY, LTD.,
SPHERE DRAKE INSURANCE COMPANY PLC,
ALLIANCE ASSURANCE COMPANY, LTD.,
BRITISH LAW INSURANCE COMPANY, LTD.,
AND
CONTINENTAL ASSURANCE COMPANY OF
LONDON, LTD.,
LIVERPOOL MARINE & GENERAL
INSURANCE COMPANY, LTD.,
PHOENIX ASSURANCE COMPANY LTD.,
FINE ART & GENERAL INSURANCE
COMPANY, LTD.,
ANGLO-FRENCH INSURANCE COMPANY, LTD.,
BALOISE MARINE INSURANCE COMPANY,
LTD.,
BALTICA INSURANCE COMPANY (UK) LTD.,
FUJI FIRE & MARINE INSURANCE
COMPANY (UK), LTD.,
R.W. GIBBON GROUP,
LA PRESERVATRICE GROUP,
SWITZERLAND GENERAL INSURANCE COMPANY
(LONDON) LTD.,
YASUDA FIRE & MARINE INSURANCE
COMPANY, LTD.,
IRON TRADES MUTUAL INSURANCE COMPANY,
LTD.,
MINSTER INSURANCE COMPANY LTD.,
RELIANCE INSURANCE COMPANY,
SIRIUS (UK) INSURANCE PLC,
INDEMNITY MARINE ASSURANCE COMPANY, LTD.,
LONDON & HULL MARITIME INSURANCE
COMPANY, LTD,
AND ASSOCIATED COMPANIES,
C.A. PARR AGENCIES, LTD.,
SUN INSURANCE OFFICE,
MARINE INSURANCE COMPANY, LIMITED,
and SUMITOMO MARINE & FIRE
INSURANCE COMPANY, LIMITED,
Defendants-Appellants,
Cross-Respondents.
Multnomah County Circuit Court
970806226
A121145
William J. Keys, Judge.
Ellen F. Rosenblum, Judge.
On respondents - cross-appellants' petition for
reconsideration filed October 14, 2008, and appellants - cross-respondents'
response to petition for reconsideration filed November 12, 2008, and
respondents - cross-appellants' reply in support of petition for
reconsideration filed November 19, 2008; and on appellants - cross-respondents'
petition for reconsideration filed November 12, 2008, and respondents -
cross-appellants' response to petition for reconsideration filed November 19,
2008, and appellant - cross-respondents' reply in support of petition for reconsideration
filed November 20, 2008. |