Liberty Northwest Insurance v. Frymire

Because I believe that the majority’s holding is inconsistent with the applicable statutes and with our case law, I dissent.

During her cohabitation with Frymire, claimant was married to Marshall. That marriage was dissolved after Frymire’s death, on January 3, 1987, and claimant then changed her name from Nevay McManus to Nevay K. Frymire.

In December 1986, insurer began paying spousal and dependent death benefits pursuant to ORS 656.2041 to claimant and her daughter. Between January 14, 1987, and *427April 2, 1987, insurer noted on three separate forms, including the Forms 801, 1502 and 1503,…