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TODD v. OCCIDENTAL LIFE INS. CO.

208 Or. 634 (1956)

295 P.2d 870

303 P.2d 492

TODD v. OCCIDENTAL LIFE INSURANCE COMPANY OF CALIFORNIA

Supreme Court of Oregon.

Argued on rehearing October 3, 1956.

Reversed April 11, 1956.

Former opinion withdrawn, reversed and remanded November 14, 1956.

Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for appellant. With him on the briefs were Koerner, Young, McColloch & Dezendorf, and Wayne Hilliard, all of Portland.

Nels Peterson, Portland, argued the cause for respondent. On the brief were Peterson & Pozzi, Berkeley Lent, and Norman N. Griffith, all of Portland.

Before TOOZE, Acting Chief Justice, and LUSK, BRAND, and PERRY, Justices.

REVERSED.

PERRY, J.

The plaintiff, having suffered from an accident, commenced this action to recover weekly indemnity payments as provided in defendant's accident policy.

This policy contract provided, if plaintiff sustained bodily injuries, that payment of benefits would be made:

"A. If such injuries, directly and independently of all other causes, shall within twenty days from the date of accident...

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