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HEADLEY v. UNITED FID. HOSP. ASSUR.

235 Or. 302 (1963)

384 P.2d 1007

HEADLEY v. UNITED FIDELITY HOSPITAL ASSURANCE CO.

Supreme Court of Oregon.

Reversed with directions September 5, 1963.

Attorney(s) appearing for the Case

Donald G. Krause, Portland, argued the cause for appellant. With him on the brief were Krause, Lindsay & Nahstoll.

Maxwell Donnelly, Portland, argued the cause for respondent. With him on the brief was William P. Donnelly, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, O'CONNELL and DENECKE, Justices.

REVERSED WITH DIRECTIONS.

O'CONNELL, J.

This is an action brought by the executrix of the estate of Eva M. Headley, deceased, to recover under a hospital insurance policy issued by defendant. Judgment was entered on a verdict for plaintiff. Defendant appeals, contending that the trial court should have granted its motion for a directed verdict or its motion for a judgment n.o.v.

The defendant issued a policy of insurance to Mrs. Headley on December...

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