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KENTNER v. GULF INS. CO.

SC S30307; 30999; CA A26069; TC 25403.

689 P.2d 955 (1984)

298 Or. 69

Lester J. KENTNER and Linda J. Kentner, Respondents On Rehearing, v. GULF INSURANCE COMPANY, Petitioner On Rehearing, Lumbermens Insurance Agency and Tug Bailey, Defendants. Lester J. KENTNER and Linda J. Kentner, Plaintiffs, v. NEW ZEALAND INSURANCE COMPANY LIMITED and Lumbermens Insurance Agency, Inc., Defendants.

Supreme Court of Oregon, In Banc.

Decided October 23, 1984.

Rehearing Denied December 11, 1984.

Attorney(s) appearing for the Case

Robert L. Nash, Bend, filed the petition for rehearing. With him on the response was Johnson, Marceau, Karnopp & Petersen, Bend.

Lawrence W. Erwin, Bend, filed the response to petition for rehearing.

CAMPBELL, Justice.

This case is back before us on defendant Gulf Insurance Company's petition for rehearing. The petition requests that we withdraw that portion of our opinion in Kentner v. Gulf Ins. Co., 297 Or. 470, 686 P.2d 339 (1984), which holds that under ORS 743.045(1) it was prejudicial error to permit the plaintiff's application for the insurance policy to be received in evidence.

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