v3278-793

INDEX

Page

Statement of the Case 1

Summary of Argument 2

Statement of the Facts _ _ 4

Argument :

1. The mere presence of the barge alongside the

private docks for purposes of loading did not

as a matter of law constitute Upper Columbia

in "control" of the premises 8

1. The presence of Barge 537 at the "pulp mill

dock" in Empire, Oregon does not vitiate ex-

clusion (d) so as to give coverage for the Mc-

intosh injury 20

1. Upon discovering facts showing no coverage

Maryland had the right to withdraw from the

defense of the Pugh and Mcintosh cases 24

1. Maryland did not make an inadequate investi-

gation of the two injury claims and the Court

did not err in withdrawing from the jury's

consideration contentions of negligent investi-

gation, waiver and estoppel 27

Conclusion 38

Appendix 39

Certificate ...- 40

i

ERK

II^B'

^

---

archive.org Volume Name: govuscourtsca9briefs3278

Volume: http://archive.org/stream/govuscourtsca9briefs3278

Document Link: http://archive.org/stream/govuscourtsca9briefs3278#page/n792/mode/1up

Top Keywords (auto-generated):

2d, upper, maryland, coverage, columbia, policy, premises, insured, barge, estoppel, control, insurance, dock, waiver, mcintosh

Top Key Phrases (auto-generated):

upper columbia, river terminals, premises owned, mill dock, maryland casualty, barge 537, pulp mill, harbor workers, coos head, head timber, river towing, maryland submits, pacific insurance, empire oregon, coos bay

Document Status: UGLY