Larsen Oil Co., an Oregon Corporation, D/B/A Red Hot Oil Company v. Federated Service Ins. Co.

70 F.3d 1279 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. LARSEN OIL CO., an Oregon Corporation, d/b/a Red Hot Oil Company, Plaintiff-Appellant, v. FEDERATED SERVICE INS. CO., Defendant-Appellee. No. 94-35891. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 14, 1995. Decided Dec. 5, 1995. MEMORANDUM * 1 Before: BROWNING, RYMER, and T.G. NELSON, Circuit Judges 2 The Oregon courts will not create an ambiguity where none exists. Mortgage Bancorporation v. New Hampshire Ins. Co., 677 P.2d 726, 728 (Or.App.1984). The pollution exclusion contains no condition or qualification; it simply does not require that the insured discharge the pollutant. Since Oregon courts have not addressed the issue, we look to well-reasoned decisions from other jurisdictions for guidance, Burns v. International Insurance Co., 929 F.2d 1422, 1424 (9th Cir.1991), and the conclusion we have reached is supported by several other circuits. See St. Paul Fire & Marine Ins. v.…