Court of Appeals of Oregon March 8, 1995, 9304-02361; CA A82894 (Safeco Insurance Co. of America v. Barnes)

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LEESON, J.

This declaratory judgment action by plaintiff Safeco Insurance Company of America (Safeco) concerns Safeco’s handling of a personal injury claim against its insured, defendant Kubalek. The primary issues are the applicability of certain exclusions in Kubalek’s homeowner’s policy and the viability of Kubalek’s breach of fiduciary duty and negligence counterclaims against Safeco.