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DENTON v. INTERNATIONAL HEALTH & LIFE INSURANCE CO.

528 P.2d 546 (1974)

William C. DENTON, Appellant, v. INTERNATIONAL HEALTH and LIFE INSURANCE CO., an Oregon Corporation, Respondent.

Supreme Court of Oregon.

Decided November 21, 1974.

Attorney(s) appearing for the Case

William B. Wyllie, Salem, argued the cause for appellant. With him on the briefs was Robert L. Abel, Salem.

Ridgway K. Foley, Jr., Portland, argued the cause for respondent. With him on the brief were James F. Spiekerman and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

Before McALLISTER, P.J., and HOLMAN, HOWELL and BRYSON, JJ.

McALLISTER, Presiding Justice.

This is an action to recover benefits under a group accident and health policy issued by defendant. The action was tried by the court without a jury on stipulated facts. The court entered judgment for the plaintiff for the benefits payable under the policy less the amount previously recovered from a third party together with interest, attorney fees and costs. Plaintiff appeals from the judgment...

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