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Cullop v. Rogue Valley Physicians' Service Inc.

November 30, 1972

CULLOP, RESPONDENT,
v.
ROGUE VALLEY PHYSICIANS' SERVICE, INC., APPELLANT



Appeal from Circuit Court, Jackson County. L. L. Sawyer, Judge.

Gene L. Brown, Grants Pass, argued the cause and filed the briefs for appellant.

Ronald L. Salter, Ashland, argued the cause and filed the brief for respondent.

In Banc. Howell, J.

Howell

Plaintiff, a beneficiary of an insurance policy issued by defendant, brought this action to recover certain expenses incurred by her while a patient at the Rehabilitation Institute of Oregon. The case was presented on stipulated facts and the trial court, sitting without a jury, found for plaintiff. Defendant appeals.

Subsequent to an amputation of her leg at a hospital in Ashland, Oregon, plaintiff was treated at the Rehabilitation Institute of Oregon in Portland for approximately three months. The care she received at the Institute consisted of "stump conditioning, gait training, and observation."

The defendant's policy states that "the benefits of this contract shall be provided only by approved hospitals and participating physicians * * *."

An "approved hospital" is defined in the policy as:

"* * * a hospital that is accredited and licensed to do business under the regulations of the Oregon State Board of Health, and is satisfactory to R.V.P.S. [the defendant]."

The only question presented is whether the Rehabilitation Institute of Oregon qualifies as a hospital under the above definition.

The regulations of the Oregon State Board of Health applicable to this case were adopted by the Board on May 25, 1966, and became effective May 26, 1966. For the purpose of the rules, the institutions involved

have been categorized in different classifications ranging from various types of hospitals and "facilities" (such as chiropractic facilities and those for the treatment of alcoholism), to college ...


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