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EIFERT v. FORTIS BENEFITS INS. CO.

9304-02558; CA A81714.

876 P.2d 343 (1994)

128 Or. App. 359

Diana EIFERT, Personal Representative of the Estate of Thomas L. Hess, Appellant, v. FORTIS BENEFITS INSURANCE COMPANY, fka Western Life Insurance Company, fka St. Paul Life Insurance Company, a Minnesota corporation, registered to do business in the State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided June 8, 1994.

Attorney(s) appearing for the Case

James F. McCaffrey, Tigard, argued the cause and filed the briefs for appellant.

James F. Spiekerman, Portland, argued the cause for respondent. With him on the brief were Peter A. Ozanne and Schwabe, Williamson & Wyatt.

Before ROSSMAN, P.J., and LEESON and HASELTON, JJ.

ROSSMAN, Presiding Judge.

In this action to recover benefits under a life insurance policy, plaintiff, the personal representative of the estate of Thomas Hess, appeals from a judgment for defendant Fortis Benefits Insurance Company, assigning error to the trial court's granting of summary judgment to defendant.

Hess purchased a whole life policy from defendant in 1985. The face value of the policy is $32,377. The policy contains a cash surrender option that...

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