CLOUGH v. PRUDENTIAL INS. CO.


235 Or. 625 (1963)

386 P.2d 464

CLOUGH v. PRUDENTIAL INSURANCE COMPANY

Supreme Court of Oregon.

Reversed and remanded November 6, 1963.


Attorney(s) appearing for the Case

Robert F. Maguire, Portland, argued the cause for appellant. On the briefs were Maguire, Shields, Morrison, Bailey & Kester.

Roger N. Rook, Milwaukie, argued the cause for respondent. On the brief were Erlandson & Rook.

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


REVERSED AND REMANDED.

O'CONNELL, J.

This is an action to recover the face value of a life insurance policy which named plaintiff as the beneficiary. Defendant appeals from a verdict and judgment for plaintiff.

The evidence conclusively established that in the application for insurance the insured made certain material misrepresentations as to his state of health. The jury was instructed to find that these misrepresentations had been made. Another...

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