HARBEINTNER v. CROWN LIFE INS. CO.

No. 78-3967; CA 15271.

612 P.2d 334 (1980)

46 Or.App. 579

John Jacob HARBEINTNER, Respondent, v. CROWN LIFE INSURANCE COMPANY, a Canadian Corporation, Appellant.

Court of Appeals of Oregon.

Decided June 9, 1980.


Attorney(s) appearing for the Case

Jeffrey Batchelor, Portland, argued the cause for appellant. On the briefs were James H. Clarke, Edwin A. Harnden, Frank M. Parisi, and Spears, Lubersky, Campbell & Bledsoe, Portland.

Stuart M. Brown, Eugene, argued the cause for respondent. With him on the brief were Bruce E. Smith, and Young, Horn, Cass & Scott, Eugene.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ., and HOWELL, J. Pro Tem.


HOWELL, Judge Pro Tempore.

This is an action to recover $40,000 in accidental death benefits under a policy issued by defendant. Plaintiff is the beneficiary of the policy. The trial court granted plaintiff's motion for summary judgment. Defendant appeals, and we affirm.

The insured was killed when his car went out of control and ran off the road. Tests showed a blood alcohol content of .23. The insurance policy provided that the benefit was payable if "the...

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