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CRAWFORD v. STANDARD INS. CO.

No. A7806-09177; CA 15297.

621 P.2d 583 (1980)

49 Or.App. 731

Judith D. CRAWFORD, Appellant, v. STANDARD INSURANCE CO., an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Decided December 15, 1980.

Reconsideration Denied January 22, 1981.

Review Denied March 24, 1981.

Attorney(s) appearing for the Case

Peter L. Barnhisel, Corvallis, argued the cause for appellant. With him on the brief was Fenner, Barnhisel & Morris, Corvallis.

John P. Conley, Portland, argued the cause for respondent. With him on the brief was Hardy, McEwen, Newman & Hanna, Portland.

Before RICHARDSON, P.J., SCHWAB, C.J., and THORNTON, J.

THORNTON, Judge.

Plaintiff appeals from a judgment entered on a jury verdict for defendant on its affirmative defense that the mortgage insurance policy in question was vitiated by plaintiff's deceased husband's fraudulent representations on the application for insurance that he was in good health, when in fact he suffered from a terminal form of cancer. Plaintiff raises four assignments of error:

1) The failure of the trial court to instruct the jury, pursuant...

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