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BUSTO v. MANUFACTURERS LIFE INSURANCE COMPANY

556 P.2d 96 (1976)

276 Or. 707

Jose BUSTO, Individually and As Personal Representative of Jose Maria Busto, Also Known As Jose Maria Busto Lema, and As Personal Representative of Carolina Busto, Appellant, v. The MANUFACTURERS LIFE INSURANCE COMPANY, a Canadian Corporation, Respondent. Department No. 1.

Supreme Court of Oregon.

Decided November 18, 1976.

Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and filed briefs for appellant.

Vawter Parker, Portland, argued the cause for respondent. With him on the brief were James C. Dezendorf, James H. Clarke, and Dezendorf, Spears, Lubersky & Campbell, Portland.

Before DENECKE, C.J., and McALLISTER, HOLMAN and HOWELL, JJ.

HOWELL, Justice.

This is a declaratory judgment proceeding to determine the respective rights of the parties under an endowment insurance contract. Plaintiff maintained this action both individually and as the personal representative of his parents' estates. Plaintiff's father, the insured and a Cuban refugee, died in 1967, and plaintiff's mother died in 1974. Plaintiff's complaint alleged that the defendant insurance company, a Canadian corporation, owed $2,000,...

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