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TOTTEN v. NEW YORK LIFE INS. CO.

TC A8209-05575; CA A28617; SC S30836.

696 P.2d 1082 (1985)

298 Or. 765

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

Supreme Court of Oregon, En Banc.

Decided March 6, 1985.

Attorney(s) appearing for the Case

Emerson G. Fisher, Portland, argued the cause and filed the petition for petitioner on review.

Don G. Carter, Portland, argued the cause and filed the response for respondent on review. With him on the response was McEwen, Hanna, Gisvold & Rankin, and Robert D. Rankin, Portland.

CAMPBELL, Justice.

The sole issue in this petition for review is whether the term "any aircraft" in the exclusion clause of a life insurance policy includes a hang glider.1 We hold that a hang glider is included in the term "any aircraft."

In May 1980, Dale Totten purchased an insurance policy from the defendant, New York Life Insurance Co., insuring his life in the face amount of $25...

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