REISEN v. BLUE CROSS BLUE SHIELD

A9004-02480; CA A66211.

839 P.2d 729 (1992)

115 Or. App. 396

August J. REISEN, By and Through Phillippe A. STONER, Personal Representative of the Estate of August J. Reisen, Deceased, Appellant, v. BLUE CROSS BLUE SHIELD OF OREGON, an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided October 7, 1992.


Attorney(s) appearing for the Case

Jan K. Kitchel, Portland, argued the cause for appellant. With him on the briefs was Schwabe, Williamson & Wyatt, Portland.

I. Franklin Hunsaker, Portland, argued the cause for respondent. With him on the brief were Chrys A. Martin and Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.


EDMONDS, Judge.

In this action to recover benefits under a health insurance policy, plaintiff appeals from a judgment on a directed verdict for defendant insurer. ORCP 60. Plaintiff contends that the materiality of plaintiff's decedent's representations in his insurance application was a question of fact for the jury. A directed verdict is proper only if reasonable people could draw but one conclusion from the evidence. James v. Carnation Co.,

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