RODGERS v. NATIONWIDE INS. CO.

No. A7808-12523; CA 15849.

615 P.2d 1090 (1980)

47 Or.App. 843

Leo RODGERS, Respondent, v. NATIONWIDE INSURANCE CO., Appellant.

Court of Appeals of Oregon.

Decided August 18, 1980.


Attorney(s) appearing for the Case

Elizabeth K. Reeve, Portland, argued the cause for appellant. With her on the brief were Souther, Spaulding, Kinsey, Williamson & Schwabe and Ancer L. Haggerty, Portland.

Robert K. Udziela, Portland, argued the cause for respondent. With him on the brief were Pozzi, Wilson, Atchison, Kahn & O'Leary and M. Elliott Lynn, Portland.

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


RICHARDSON, Judge.

Defendant Nationwide Insurance Company appeals a judgment awarding plaintiff disability benefits pursuant to a group insurance policy. Defendant's assignments of error are:

(1) That the trial court erred by submitting the case to the jury;

(2) That the court erred by instructing the jury that a person need not be "absolutely helpless or bedridden in order to recover benefits" for total disability under the policy;

(3) That...

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