Kentner v. Gulf Insurance

This case is back before us on defendant Gulf Insurance Company’s petition for rehearing. The petition requests that we withdraw that portion of our opinion in Kentner v. Gulf Ins. Co., 297 Or 470, 686 P2d 339 (1984), which holds that under ORS 743.045(1) it was prejudicial error to permit the plaintiffs application for the insurance policy to be received in evidence.

Among the points relied upon by the defendant for rehearing is the following:

“1. Introduction of the application, if error, was invited error. It was the plaintiffs themselves, not defendant, who introduced the application into…