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OLSEN v. FEDERAL KEMPER LIFE ASSURANCE CO.

TC A8110-06171; CA A26516; SC S30821.

700 P.2d 231 (1985)

299 Or. 169

Susan E. OLSEN, Petitioner On Review, v. FEDERAL KEMPER LIFE ASSURANCE COMPANY, Respondent On Review.

Supreme Court of Oregon, En Banc.

Decided May 21, 1985.

Reconsideration Denied July 2, 1985.

Attorney(s) appearing for the Case

Jacob Tanzer, Portland, argued the cause and filed the petition for petitioner on review. Roger Tilbury and Richard Haeder, Portland, filed the brief in the Court of Appeals for petitioner on review.

Janice M. Stewart, Portland, argued the cause for respondent on review. With her on the briefs were McEwen, Hanna, Gisvold, Rankin & VanKoten, Portland.

ROBERTS, Justice.

The issue is whether a failure to fulfill a condition precedent to the formation of an insurance contract prevented the policy from becoming effective.

This is an action on a policy insuring the life of plaintiff's deceased husband. The following dates and events are pertinent. On December 2, 1980, the decedent completed an application for life insurance and delivered it to the defendant. The application...

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