DURFLINGER v. STATESMAN LIFE INS. CO.

Nos. 16-87-08254; CA A50053.

787 P.2d 892 (1990)

100 Or.App. 581

Robert DURFLINGER, Appellant-Cross-Respondent, v. STATESMAN LIFE Insurance Company, a Foreign Corporation, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Argued and Submitted September 11, 1989.


Attorney(s) appearing for the Case

Jeffrey E. Potter, Eugene, argued the cause for appellant-cross-respondent. With him on the briefs were Herb Lombard and Lombard, Gardner, Honsowetz, Brewer & Schons, Eugene.

Timothy F. Brewer, Eugene, argued the cause for respondent-cross-appellant. With him on the briefs was Flinn, Brown & Roseta, Eugene.

Before JOSEPH, C.J., and NEWMAN and DEITS, JJ.


DEITS, Judge.

Plaintiff appeals the trial court's summary judgment for defendant on plaintiff's claims for damages for breach of a contract for medical insurance. Defendant cross-appeals, arguing that the trial court erred in awarding plaintiff attorney fees on his claims under a disability insurance policy issued by defendant. We affirm on the appeal and reverse on the cross-appeal.

On December 9, 1982, defendant issued separate medical and disability insurance...

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