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RESERVE LIFE INS. CO. v. HOWELL

225 Or. 71 (1960)

357 P.2d 400

RESERVE LIFE INSURANCE COMPANY v. HOWELL

Supreme Court of Oregon.

Reversed November 30, 1960.

Attorney(s) appearing for the Case

Mark C. McClanahan, Portland, argued the cause for appellant. With him on the brief were King, Miller, Anderson, Nash & Yerke, Portland.

John C. Caldwell, Oregon City, argued the cause for respondent. On the brief were Hibbard, Jacobs & Caldwell, Oregon City.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN and KING, Justices.

REVERSED.

ROSSMAN, J.

This is an appeal by the plaintiff, Reserve Life Insurance Company, from a decree of the circuit court which (1) dismissed the plaintiff's complaint, (2) awarded the defendant judgment upon her third, fourth, fifth and seventh counterclaims and (3) dismissed the defendant's first, second and sixth counterclaims. The suit which was terminated in that manner was instituted by the plaintiff for the rescission of three policies of health...

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