BOTTS v. HARTFORD ACC. & INDEM. CO.

No. 7930; SC 25493.

585 P.2d 657 (1978)

284 Or. 95

Margaret BOTTS, Appellant, v. HARTFORD ACCIDENT & INDEMNITY COMPANY, a Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided October 24, 1978.


Attorney(s) appearing for the Case

Alex M. Byler of Corey, Byler & Rew, Pendleton, argued the cause for appellant. With him on the briefs was William L. Reynolds, Enterprise.

Edwin J. Peterson of Tooze, Kerr, Peterson, Marshall & Shenker, Portland, argued the cause and filed a brief for respondent.


Argued and Submitted at Pendleton May 1, 1978.

HOLMAN, Justice.

Plaintiff Margaret Botts brought this action as beneficiary to recover death benefits under a group accident insurance policy issued by defendant. At the conclusion of plaintiff's case-in-chief, the trial court granted defendant's motion for judgment of involuntary non-suit and plaintiff appeals.

Decedent Melvin Botts died at age 51 after suffering a myocardial infarction. He was stricken...

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