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Certain Underwriters v. Mass. Bonding and Ins. Co. Court of Appeals Decision

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The Oregon Court of Appeals delivered a decision in the Certain Underwriters v. Mass. Bonding and Ins Co, 287 Or App 279 (2017).  The trial court’s decision to dismiss London’s contribution claims was affirmed.  The Court of Appeals decided that the trial court properly concluded that there had been “no final judgment after exhaustion of all appeals” entered before the effective date of the 2013 amendments to the Oregon Environmental Cleanup Assistance Act, and therefore the 2013 amendments applied to the claims.  The 2013 amendments applied retroactively, unless there was a final judgment after exhaustion of all appeals regarding the environmental claim.  The Court of Appeals found that since the environmental claim by the common insured against London had not reached the point where all appeals had been exhausted at the time the 2013 amendments were enacted, the retroactivity clause applied and London was barred from seeking contribution.


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