SITZMAN v. JOHN HANCOCK MUTUAL LIFE INSURANCE CO.


522 P.2d 872 (1974)

Robert James SITZMAN, by Deane D. Sitzman, His Guardian Ad Litem, and Deane D. Sitzman, Individually, Appellants, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, a Massachusetts Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided May 23, 1974.


Attorney(s) appearing for the Case

Douglas G. Houser, Portland, argued the cause for appellants. With him on the briefs were Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland, and Peter R. Mersereau, Portland.

John M. Berman, Portland, argued the cause for respondent. With him on the brief were Herbert H. Anderson, and Dezendorf, Spears, Lubersky & Campbell, Portland.


BRYSON, Justice.

This is an action by an insured for dismemberment benefits under a group insurance policy. Judgment was rendered for defendant after the court sustained a demurrer to plaintiff's complaint on the ground it failed to state a cause of action. The plaintiff appeals.

Plaintiff, an insured and minor dependent of Deane D. Sitzman, was injured in a vehicular collision. He submitted a claim to defendant which was denied. Plaintiff commenced this action...

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