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TOTTEN v. NEW YORK LIFE INS. CO.

No. A8209-05575; CA A28617.

680 P.2d 1021 (1984)

68 Or.App. 253

Kristi A. TOTTEN, Appellant, v. NEW YORK LIFE INSURANCE CO., a New York Corporation, Respondent.

Court of Appeals of Oregon.

Decided May 9, 1984.

Attorney(s) appearing for the Case

Emerson G. Fisher, Portland, argued the cause for appellant. With him on the briefs was Garry L. Kahn, P.C., Portland.

Don G. Carter, Portland, argued the cause for respondent. With him on the brief were Robert D. Rankin, and McEwen, Hanna, Gisvold, Rankin & VanKoten, Portland.

Before RICHARDSON, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Plaintiff appeals from a summary judgment for defendant in this action to recover accidental death benefits on a life insurance policy. We affirm.

On May 9, 1982, Dale Totten was pronounced dead by drowning after the hang glider he was operating landed in the ocean. In May, 1980, the deceased purchased a life insurance policy from defendant in the face amount of $25,000, with an additional accidental death benefit of $25,000, naming his wife...

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