McKENZIE v. PACIFIC HEALTH & LIFE INS. CO.

CV90-188; CA A67100.

847 P.2d 879 (1993)

118 Or. App. 377

Max A. McKENZIE and Debra A. McKenzie, Appellants, v. PACIFIC HEALTH & LIFE INSURANCE COMPANY, an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided March 3, 1993.


Attorney(s) appearing for the Case

Timothy J. O'Hanlon, Pendleton, argued the cause for appellants. On the briefs were W. Eugene Hallman and Mautz, Hallman, Pendleton.

Ronald L. Marceau, Bend, argued the cause for respondent. With him on the brief were Martin E. Hansen and Marceau, Karnopp, Petersen, Noteboom & Hubel, Bend.

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.


ROSSMAN, Presiding Judge.

Plaintiffs, Max and Debra McKenzie, appeal from a judgment dismissing Max's claim for breach of a health insurance contract. They assign error to the trial court's striking of allegations relating to damages and to breach of the duty of good faith and fair dealing. The trial court dismissed all claims made by Debra, and that ruling is not assigned as error. Accordingly, we affirm as to Debra. Our reference to "plaintiff" is to Max.

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