PACIFIC HOSP. ASS'N v. MARCHBANKS

16-87-00018; CA A43926.

756 P.2d 648 (1988)

91 Or.App. 459

PACIFIC HOSPITAL ASSOCIATION, an Oregon (Insurance) Corporation, Appellant, v. David Ray MARCHBANKS, Respondent.

Court of Appeals of Oregon.

Decided June 15, 1988.


Attorney(s) appearing for the Case

R. Scott Taylor, Eugene, argued the cause and filed the brief for appellant.

Kevin L. Mannix, Salem, argued the cause and filed the brief for respondent.

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


WARREN, Judge.

Defendant was insured by plaintiff through a group health insurance policy. He filed a workers' compensation claim against his employer. The claim was denied and, pursuant to ORS 656.313(3), plaintiff was required to and did pay defendant's medical bills that were part of his workers' compensation claim.

Under the terms of the health insurance contract, plaintiff required that defendant execute a loan receipt agreement which provided that, if...

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