Clough v. Prudential Insurance

This is an action to recover the face value of a life insurance policy which named plaintiff as the beneficiary. Defendant appeals from a verdict and judgment for plaintiff.

The evidence conclusively established that in the application for insurance the insured made certain material misrepresentations as to his state of health. The jury was instructed to find that these misrepresentations had been made. Another issue of fact was raised, however, by plaintiff’s allegation that the written application was not attached to the policy when it was issued. Plaintiff relied upon ORS 739.320 (1) (d),…