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PRITCHARD v. REGENCE BCBS

061213127, A135389.

201 P.3d 290 (2009)

225 Or. App. 455

Tara Rose PRITCHARD, Plaintiff-Appellant, v. REGENCE BLUECROSS BLUESHIELD OF OREGON, an Oregon nonprofit corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided January 28, 2009.

Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for appellant. With him on the briefs was Swanson, Lathen, Alexander & McCann, PC.

Eric A. Lindenauer, Portland, argued the cause for respondent. With him on the brief was Garvey Schubert Barer.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

WOLLHEIM, J.

Plaintiff appeals a judgment dismissing her claims for breach of a health insurance contract on the ground that her claims are time-barred, ORCP 21 A(9), because plaintiff failed to bring her claims within six years after the date of the breach. Because the complaint alleges facts that support the conclusion that defendant breached the insurance contract each time it reimbursed plaintiff for her medication at a rate lower than

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