SCRIBNER v. EQUITABLE LIFE & CASUALTY INSURANCE CO.


481 P.2d 76 (1971)

Sidney W. SCRIBNER, Appellant, v. EQUITABLE LIFE & CASUALTY INSURANCE COMPANY, a Utah Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided February 18, 1971.


Attorney(s) appearing for the Case

James A. Cox, Portland, argued the cause for appellant. With him on the briefs were McMurry, Sherry, Nichols & Cox and Garry P. McMurry, Portland.

Frederic P. Roehr, Portland, argued the cause for respondent. With him on the brief were Vergeer, Samuels, Roehr & Sweek, Portland.

Before O'CONNELL, C.J., and McALLISTER, SLOAN, DENECKE, HOLMAN, HOWELL and SCHWAB, JJ.


O'CONNELL, Chief Justice.

Plaintiff brought this action to recover disability payments and medical expenses under three insurance policies issued to him by defendant. Plaintiff appeals from a judgment n.o.v. for defendant.

The first of the three policies was issued on September 7, 1965. The other two were issued on July 12, 1966. On both occasions defendant's salesman came to plaintiff's home where he filled out the...

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