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TUPPER v. ROAN

CV06100435; A136095.

206 P.3d 237 (2009)

227 Or. App. 391

Heather TUPPER, Plaintiff-Respondent, v. Danette ROAN, Defendant-Appellant. Danette Roan, Third Party Plaintiff, v. Alan Claude Tupper, as Personal Representative of the Estate of Jerry Alan Tupper, Deceased, Third Party Defendant.

Court of Appeals of Oregon.

Decided April 15, 2009.

Attorney(s) appearing for the Case

Michael J. Morris, Portland, argued the cause for appellant. With him on the briefs were Bennett, Hartman, Morris & Kaplan, LLP. With them on the reply brief was Heidi K. Brown.

James R. Cartwright, Portland, argued the cause for respondent. With him on the brief were Brooks F. Cooper and Matthew Whitman.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and RIGGS, Senior Judge.

LANDAU, P.J.

At issue in this case is the authority of a court to impose a constructive trust on a portion of the proceeds of a life insurance policy that was supposed to have been-but was not-maintained by the decedent for the benefit of his child and former wife. The former wife argues that she and the decedent agreed to the imposition of a constructive trust in the event that he breached his obligation to provide the insurance. The beneficiary of the insurance...

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