PERKINS v. NATIONAL HOSPITAL ASS'N


240 Or. 136 (1965)

398 P.2d 164

PERKINS v. THE NATIONAL HOSPITAL ASSOCIATION

Supreme Court of Oregon.

Reversed February 17, 1965.

Petition for rehearing denied April 1, 1965.


Attorney(s) appearing for the Case

Curtis W. Cutsforth, Portland, argued the cause for appellant. On the briefs were Richard C. Helgeson and King, Miller, Anderson, Nash & Yerke, Portland.

W.E. Tassock, Portland, argued the cause for respondent. With him on the brief were Barzee, Leedy & Tassock, Portland.

Before McALLISTER, Chief Justice, and SLOAN, GOODWIN, and HOLMAN, Justices.


REVERSED.

GOODWIN, J.

This is an action to recover benefits under a medical insurance policy. Trial was had before the court without a jury and judgment was entered for the plaintiff. The insurance company appeals.

The only issue in the case is whether or not the company agreed to be liable for the costs of the surgical treatment employed in this case.

An insured child of the plaintiff was found to be suffering from scoliosis. Scoliosis is...

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