Webb

National Union Fire Insurance Company of Pittsburgh (“National Union”) appeals the district court’s entry of summary judgment in favor of Jack Webb, Special Deputy Receiver for American Eagle Insurance Company (“American Eagle”). National Union contends that the district court erred in refusing to consider extrinsic evidence that allegedly would prove that American Eagle’s insurance policy provided the only coverage for the plane crash at the root of this litigation. National Union further appeals the court’s award of attorneys’ fees to American Eagle under Or.Rev.Stat. § 742.061 (1995). We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In November of 1992, a Beech Baron aircraft piloted by Walter Graham crashed while en route from Medford to Baker City, Oregon, killing Graham and his three passengers. Graham had rented the plane from Southern Oregon Skyways, Inc. (“SOS”), in order to carry out an air taxi business that he operated. The entire SOS fleet of airplanes was insured by National Union but, under Graham’s arrangement with SOS, he was required to maintain separate liability coverage. Graham thus contracted to purchase an American Eagle insurance policy, but the parties…