TUPPER v. ROAN

(CC CV0610-0435; CA A136095; SC S057373).

243 P.3d 50 (2010)

349 Or. 211

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

Supreme Court of Oregon, En Banc.

Decided November 12, 2010.


Attorney(s) appearing for the Case

Matthew Whitman , of Cartwright & Associates, Portland, argued the cause and filed the brief for petitioner on review. With him on the brief was James R. Cartwright.

Michael J. Morris , of Bennett, Hartman, Morris & Kaplan LLP, Portland, argued the cause and filed the briefs for respondent on review. With him on the briefs was Heidi K. Brown.


GILLETTE, J.

This is a dispute over the proceeds of a life insurance policy. Plaintiff claimed an interest in the policy proceeds because she had been married to the decedent at one time and, when she and decedent divorced, their dissolution decree required the decedent to maintain a $100,000 life insurance policy naming her beneficiary, as trustee for a child of the marriage. The decedent had not purchased the required policy at the time the dissolution decree became...

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