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06-3653 - PEERLESS INSURANCE COMPANY v. BROOKS SYSTEMS CORPORATION


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06-3653 - PEERLESS INSURANCE COMPANY v. BROOKS SYSTEMS CORPORATION
March 28, 2008
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MEMORANDUM AND ORDER THAT PLAINTIFF PEERLESS INSURANCE COMPANY'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART, AND DISMISSED IN PART AS MOOT. IT IS FURTHER ORDERED THAT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON COUNTS I AND III OF PLAINTIFF'S SECOND AMENDED COMPLAINT FOR DECLARATORY JUDGMENT FILED JUNE 1, 2007 IS GRANTED. IF IS FURTHER ORDERED THAT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON COUNTS II AND IV OF PLAINTIFF'S SECOND AMENDED COMPLAINT FOR DECLARATORY JUDGMENT IS DISMISSED AS MOOT. IT IS FURTHER ORDERED THAT JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF' PEERLESS INSURANCE COMPANY AND AGAINST DEFENDANT BROOKS SYSTEMS CORPORATION ON COUNTS I AND III PLAINTIFF'S SECOND AMENDED COMPLAINT FOR DECLARATORY JUDGMENT. IT IS FURTHER ORDERED THAT COUNTS II, IV, V AND VI OF PLAINTIFF'S SECOND AMENDED COMPLAINT FOR DECLARATORY JUDGMENT ARE DISMISSED AS MOOT. IT IS HEREBY DECLARED THAT PLAINTIFF PEERLESS INSURANCE COMPANY DOES NOT OWE ANY DUTY TO DEFEND OR INDEMNIFY DEFENDANT BROOK SYSTEMS CORPORATION FOR THE UNDERLYING LITIGATION ASH GROVE CEMENT COMPANY V. BROOKS SYSTEMS CORPORATION , NO. 04-719, CIRCUIT COURT OF OREGON, COUNTY OF BAKER, UNDER POLICY NO. CBP9589877 BEARING AN INCEPTION DATE OF MAY 26, 2002 AND CONTINUING BY ANNUAL RENEWALS TO MAY 26, 2007; AND POLICY NO. CU9581082 BEARING AN INCEPTION DATE OF MAY 26, 2002 AND CONTINUING BY ANNUAL RENEWALS TO MAY 26, 2007. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES.. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 3/27/08. (Attachments: # (1) Order) 3/28/08 ENTERED AND COPIES E-MAILED.(mas, )