Portland General Electric Company v. Pacific Indemnity Company

579 F.2d 514 PORTLAND GENERAL ELECTRIC COMPANY, an Oregon Corporation, and Ralph Rokeby-Johnson, Underwriter at Lloyds, London, Appellants, v. PACIFIC INDEMNITY COMPANY, a corporation, Appellee. No. 75-1353. United States Court of Appeals, Ninth Circuit. July 31, 1978. William H. Morrison (argued), of Morrison, Dunn, Cohen, Miller & Carney, Portland, Or., for appellants. John Gordon Gearin (argued), Portland, Or., for appellee. Appeal from the United States District Court for the District of Oregon. Before GOODWIN and SNEED, Circuit Judges, and POOLE * , District Judge. PER CURIAM: 1 In Portland General Electric Co. v. Pacific Indemnity Co., 574 F.2d 469 (9th Cir. 1978), we held Pacific Indemnity liable to repay Portland General Electric Co. (PGE) and Ralph Rokeby-Johnson, its excess insurer, the amounts they spent in settling a tort claim. PGE and Rokeby-Johnson now seek to recover their attorney fees on this appeal, citing ORS 743.114. The Oregon courts have not specifically held that ORS 743.114 covers this situation, but we believe Oregon precedent points more surely in favor of the plaintiffs than against them. 2 ORS 743.114 1 provides for attorney fees in an action on an…