Mutual of Enumclaw Insurance v. McBride

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the clear and convincing evidence standard of proof applicable in fraud actions does not apply to the proof of misrepresentations under ORS 743.612
• recognizing that “the loss of anticipated insurance benefits may be a severe blow”
• stating that the enact- ment of former ORS 743.612, renumbered as ORS 742.208 (1989), “evinces a general public policy to discourage insur- ance fraud”
• rejecting “clear and convinc- ing” standard for proof of insurance fraud, the consequence of which was forfeiture of contractual benefit
• interpreting the standard of proof for O.R.S. § 743.612, the predecessor statute for O.R.S. § 742.208
• interpreting predecessor statute for stan- dard of proof

Source: CourtListener parenthetical corpus (CC0).