Legal Opinion · Dissent

Cottrell v. EBI Companies

Court of Appeals of Oregon

Decided March 25, 1987No. WCB 84-12966; CA A38940Published

1DissentRossman, J.

Beginning with the premise that, for purposes of survivor’s benefits, cohabitation is analogous to marriage, the central inquiry becomes: What is to cohabitation what divorce is to marriage? A divorce, or a “dissolution” as it is referred to in this state, is generally defined as the termination of the marriage relationship. The law treats it as a complete severance of the husband and wife unit.

Thus, our function in this kind of case (in which we are required to conduct a de novo review) is to examine all of the evidence and to decide whether the parties ever intended to terminate their…

2Cases cited1 opinion

  1. Bowlin v. State Accident Insurance Fund Corp.Court of Appeals of Oregon · 1986

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