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McDANIEL v. INS. CO. OF OREGON

243 Or. 1 (1966)

410 P.2d 814

McDANIEL ET AL v. INSURANCE COMPANY OF OREGON ET AL

Supreme Court of Oregon.

Affirmed in part, reversed in part February 9, 1966.

Petition for rehearing denied February 23, 1966.

Attorney(s) appearing for the Case

Ben Day, Medford, argued the cause for appellants. On the briefs were Day and Courtright, Medford.

Hugh B. Collins, Medford, argued the cause and filed a brief for respondent Insurance Company of Oregon, and Robert Dickey, Medford, argued the cause and filed a brief for respondent Dean and Taylor Pontiac Company.

Before McALLISTER, Chief Justice, and PERRY, GOODWIN, DENECKE and SCHWAB, Justices.

AFFIRMED IN PART; REVERSED IN PART.

SCHWAB, J. (Pro Tempore).

This is an action by a surviving husband, individually and as administrator, against an automobile agency and credit life insurer on a policy issued to the deceased spouse. The court sitting without a jury found for all defendants on the ground that the plaintiff McDaniel had concealed the state of his wife's health at the time the policy was issued.

In May of 1959 the defendant Insurance...

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