COMMERCIAL BANKERS LIFE INSURANCE COMPANY, a California Corporation; Main Life Insurance Company, an Arizona Corporation; and Omaha Financial Life Insurance Company, a Minnesota Corporation, Appellants, and Industrial Life Insurance Company, a Texas Corporation, Plaintiff,
v.
John A. KIRK, Jr., Personal Representative of the Estate of John A. Kirk, Sr.; and Valley State Bank, an Oregon Banking Corporation, Respondents.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Decided January 11, 1984.
Argued and Submitted October 4, 1983.
Attorney(s) appearing for the Case
Stephen R. Jaffe, Eugene, argued the cause for appellants. With him on the briefs was Hershner, Hunter, Miller, Moulton & Andrews, Eugene.
Michael W. Doyle, Eugene, argued the cause for respondent John A. Kirk, Jr. With him on the brief was Altstatt & Doyle, P.C., Eugene.
William H. Martin, Eugene, argued the cause for respondent Valley State Bank. With him on the brief was Husk, Gleaves, Swearingen, Larsen & Potter, Eugene.
Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.
Court of Appeals of Oregon.
RICHARDSON, Presiding Judge.
The plaintiffs1 in this declaratory judgment action are the issuers of credit life policies insuring the life of John A. Kirk, Sr. (Kirk), as co-signer of a loan from defendant Valley State Bank to Kirk's son. At the time he co-signed the loan and applied through the bank for the insurance, Kirk was suffering from terminal cancer and, according to plaintiffs, was aware that he was reasonably certain to die...
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