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HERINCKX v. SANELLE

A159249.

385 P.3d 1190 (2016)

281 Or.App. 869

Dale Robert HERINCKX and Donna Rae Herinckx, as co-personal representatives for the estate of Julianne Lisa Herinckx, deceased, Plaintiffs-Appellants, v. Paul SANELLE; Terlin Patrick; and Stancorp Financial Group, Inc., dba Standard Insurance Company, an Oregon corporation, Defendants-Respondents.

Court of Appeals of Oregon.

October 26, 2016.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the briefs for appellants.

Andrew Altschul, Portland, argued the cause for respondent Stancorp Financial Group, Inc. With him on the brief were Margaret Fonberg and Buchanan Angeli Altschul & Sullivan LLP.

No appearance for respondent Paul Sanelle.

No appearance for respondent Terlin Patrick.

Before Armstrong, Presiding Judge, and Egan, Judge, and Shorr, Judge.

SHORR, J.

Plaintiffs appeal from a limited judgment dismissing their claim against defendant Stancorp Financial Group, Inc., dba Standard Insurance Company (Standard). Plaintiffs raise two assignments of error. First, they contend that the trial court erred by granting Standard's motion to dismiss based on its determination, as applied here, that ORS 112.515 (part of Oregon's so-called "slayer statutes") is preempted by the Employee Retirement...

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