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GABEL v. TIME INSURANCE COMPANY

478 P.2d 368 (1970)

John GABEL, Appellant, v. TIME INSURANCE COMPANY, a Foreign Corporation, Respondent.

Supreme Court of Oregon.

Decided December 23, 1970.

Attorney(s) appearing for the Case

Larry J. Anderson, Eugene, argued the cause for appellant. With him on the brief were O'Reilly, Anderson & Richmond, Eugene.

Joe B. Richards, Eugene, argued the cause for respondent. With him on the brief were Luvaas, Cobb, Richards & Fraser, Eugene.

Before O'CONNELL, C.J., and McALLISTER, DENECKE, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.

O'CONNELL, Chief Justice.

Plaintiff brought this action to recover benefits under a policy of insurance issued by defendant covering loss resulting from accidental bodily injury. Plaintiff appeals from a judgment on a verdict in favor of defendant.

Plaintiff injured his back as a result of a fall from the roof of a house. He sought recovery from defendant under its policy for disability resulting from this injury.

Defendant interposed an affirmative...

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