International Health & Life Ins. Co. v. Lewis
Decision Date | 07 January 1975 |
Citation | 271 Or. 35,530 P.2d 517 |
Parties | INTERNATIONAL HEALTH AND LIFE INSURANCE COMPANY, Respondent, v. Robert D. LEWIS, Appellant, and Ethel Davidson, Administratrix of the Estate of Thomas M. Davidson, Defendant. |
Court | Oregon Supreme Court |
James H. Spence, Roseburg, argued the cause for appellant. With him on the briefs were Farrell & Spence and Verden L. Hockett, Jr., Roseburg.
Ridgway K. Foley, Jr., Portland, argued the cause for respondent. With him on the brief were Souther, Spaulding, Kinsey, Williamson & Schwabe and James F. Spiekerman, Portland.
Before HOLMAN, P.J., and HOWELL, BRYSON and SLOPER, JJ.
This is a proceeding brought under Oregon declaratory judgment statutes (ORS 28.010 et seq.) by plaintiff, International Health and Life Insurance Company, hereinafter referred to as IHA, in which plaintiff seeks to have a life insurance policy which it had issued on the life of Thomas M. Davidson, deceased, declared to be null and void by reason of material misrepresentations made by the defendant in the application concerning his employment and further requesting an adjudication as to which party IHA should repay the premiums, and, in the alternative, a declaration as to which of the defendants should be paid the proceeds of the insurance. Defendant Ethel Davidson is the personal representative of decedent and defendant Robert D. Lewis is the named beneficiary under the policy. Both defendants claim the proceeds and defendant Lewis filed a cross-complaint seeking payment of the policy proceeds. Trial was had before the court and judgment was entered in favor of plaintiff and against both defendants declaring the insurance policy null and void and that plaintiff have its costs and disbursements. Defendant Lewis appeals.
Although there has been no assignment of error directed at the trial court's conclusion of law that 'All parties waived any right to a trial by jury in this matter and the court tried this as a legal matter without a jury,' plaintiff and defendant in their briefs, as well as at the time of oral argument, have taken opposing views of the trial court's description of the nature of the proceedings. It is necessary for us to make an initial determination as to whether this is a legal or an equitable proceeding so that we may apply the appropriate scope of our appellate review. If it is an equitable proceeding, the factual issues are tried de novo. If it is a legal proceeding, the court is bound by the trial court's factual determinations if there is sufficient evidence to sustain them. Truck Ins. Exch. v. Olinger Mercury, 262 Or. 8, 10, 495 P.2d 1201 (1972). Declaratory judgment proceedings will be treated as either legal or equitable, depending upon the essential nature of the case. Hartford v. Aetna/Mt. Hood Radio, Or., 527 P.2d 406 (1974); May v. Chicago Insurance Co., 260 Or. 285, 291--292, 490 P.2d 150 (1971); Mayer v. First National Bk. of Oregon, 260 Or. 119, 133, 489 P.2d 385 (1971).
The development of the law on this issue is clearly set forth in May v. Chicago Insurance Co., supra (260 Or. at 291--292, 490 P.2d at 153):
In Oregon Auto Ins. Co. v. Watkins, 264 Or. 464, 467, 506 P.2d 179, 180 (1973), which was a declaratory judgment action brought by plaintiff for a declaration that it was not liable for a judgment against its insured contractor, we said:
We conclude from our examination of the pleadings and the conduct of the parties...
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