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INTERNATIONAL HEALTH & LIFE INSURANCE CO. v. LEWIS

530 P.2d 517 (1975)

INTERNATIONAL HEALTH AND LIFE INSURANCE COMPANY, Respondent, v. Robert D. LEWIS, Appellant, and Ethel Davidson, Administratrix of the Estate of Thomas M. Davidson, Defendant.

Supreme Court of Oregon.

Decided January 7, 1975.

Attorney(s) appearing for the Case

James H. Spence, Roseburg, argued the cause for appellant. With him on the briefs were Farrell & Spence and Verden L. Hockett, Jr., Roseburg.

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

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

SLOPER, Justice Pro Tem.

This is a proceeding brought under Oregon declaratory judgment statutes (ORS 28.010 et seq.) by plaintiff, International Health and Life Insurance Company, hereinafter referred to as IHA, in which plaintiff seeks to have a life insurance policy which it had issued on the life of Thomas M. Davidson, deceased, declared to be null and void by reason of material misrepresentations made by the decedent in the application concerning his employment...

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