KNIGHT v. CONTINENTAL CASUALTY CO.


485 P.2d 403 (1971)

Capitola B. KNIGHT, Appellant, v. CONTINENTAL CASUALTY CO., a Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided May 26, 1971.


Attorney(s) appearing for the Case

John J. Haugh, Portland, argued the cause for appellant. With him on the briefs were Pozzi, Wilson & Atchison, and Richard Noble, Portland.

A. Allan Franzke, Portland, argued the cause for respondent. With him on the brief were Mautz, Souther, Spaulding, Kinsey & Williamson, Portland.

Before O'CONNELL, C.J., and McALLISTER, SLOAN, DENECKE, HOLMAN, HOWELL and SCHWAB, JJ.


O'CONNELL, Chief Justice.

This is an action to recover benefits under a health and accident insurance policy. The jury returned a verdict for plaintiff. On defendant's motion, the trial court entered a judgment notwithstanding the verdict in favor of defendant. Plaintiff appeals.

The day after the policy went into effect plaintiff fell and injured a disc in her back. The injury required surgery. When defendant refused to make payment under the policy, plaintiff...

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