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McKENZIE v. PACIFIC HEALTH & LIFE INSURANCE

CC CV-90-188; CA A67100; SC S40216.

869 P.2d 859 (1994)

318 Or. 476

Max A. McKENZIE and Debra A. McKenzie, Respondents on Review, v. PACIFIC HEALTH & LIFE INSURANCE COMPANY, an Oregon corporation, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Resubmitted March 22, 1994.

Decided March 24, 1994.

Reconsideration Denied June 14, 1994.

Attorney(s) appearing for the Case

Martin E. Hansen of Karnopp, Petersen, Noteboom, Hubel, Hansen & Arnett, Bend, argued the cause for petitioner on review. With him on the petition were Howard G. Arnett, and Brian L. Gingerich.

W. Eugene Hallman of Mautz, Hallman, Pendleton, argued the cause and filed the response for respondents on review.

Stephen J. Connolly, Eric A. Lindenauer, Richard Baroway, and Garvey, Schuber, & Barer, Portland, filed a brief amicus curiae on behalf of Blue Cross and Blue Shield of Oregon.

John R. Faust, Jr. of Schwabe, Williamson & Wyatt, Portland, filed a brief amicus curiae on behalf of Standard Ins. Co.

Bruce J. Brothers of Brothers, Drew & Steelhammer, Bend, filed a brief amicus curiae on behalf of Oregon Trial Lawyers Ass'n.

MEMORANDUM OPINION

Review dismissed as improvidently allowed.

CARSON, C.J., and GILLETTE and FADELEY, JJ., would not have...

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