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BOLY v. PAUL REVERE LIFE INS. CO.

070505898; A139842.

246 P.3d 1 (2010)

238 Or. App. 702

Jeffrey E. BOLY, Plaintiff-Appellant, v. THE PAUL REVERE LIFE INSURANCE COMPANY, a Massachusetts corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided November 17, 2010.

Attorney(s) appearing for the Case

Jeffrey M. Batchelor , Portland, argued the cause for appellant. On the briefs were Christopher T. Carson and Kilmer, Voorhees & Laurick, P.C.

Robert B. Miller argued the cause for respondent. With him on the brief was Bullivant Houser Bailey, PC.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

SCHUMAN, P.J.

Plaintiff is insured under a disability policy issued by defendant. The policy provides lifetime benefits for disability resulting from an accidental injury, but benefits end at age 65 for disability resulting from disease or sickness. Plaintiff's disability is cognitive impairment caused by the cumulative effect of hypoxia—lack of oxygen to the brain—that occurred during incidents of undiagnosed sleep apnea. When plaintiff turned 65, defendant...

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