STORY v. SAFECO LIFE INSURANCE COMPANY

98CV0984CC; A108156

40 P.3d 1112 (2002)

179 Or. App. 688

Frances STORY, Appellant, v. SAFECO LIFE INSURANCE COMPANY, a Washington corporation, Respondent.

Court of Appeals of Oregon.

Decided February 27, 2002.


Attorney(s) appearing for the Case

Mustafa T. Kasubhai argued the cause and filed the brief for appellant.

R. Daniel Lindahl, St. Paul, MN, argued the cause for respondent. With him on the brief were Robert B. Miller, Birmingham, AL, and Bullivant Houser Bailey, P.C., Sacramento, CA.

Before EDMONDS, Presiding Judge, and ARMSTRONG and LINDER, Judges.


ARMSTRONG, J.

Plaintiff is the beneficiary of a life insurance policy that her husband had with defendant. Defendant refused to pay plaintiff the amount owed under the policy when her husband died, on the ground that her husband had materially misrepresented his medical condition in his insurance application and that the misrepresentation relieved defendant of the obligation to pay the benefits that were otherwise due under the policy. Plaintiff sued defendant on...

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