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BAYLOR v. CONTINENTAL CAS. CO.

0009-09426; A116609.

78 P.3d 108 (2003)

190 Or. App. 25

Darlene BAYLOR, Appellant, v. CONTINENTAL CASUALTY COMPANY, an Illinois corporation, Respondent.

Court of Appeals of Oregon.

Decided October 15, 2003.

Attorney(s) appearing for the Case

Helen T. Dziuba, Portland, argued the cause and filed the briefs for appellant.

Todd S. Baran, Portland, argued the cause and filed the brief for respondent.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

HASELTON, P.J.

Plaintiff Darlene Baylor appeals from a judgment entered in favor of defendant Continental Casualty Company on a breach of contract claim for nonpayment of benefits under an accidental death and dismemberment (AD & D) insurance policy. Defendant denied coverage upon the death of its insured, plaintiff's husband, invoking a policy exclusion for death resulting from being "under the influence of drugs unless taken as prescribed by a physician." On...

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