
    Argued and submitted January 5,
    resubmitted March 22,
    review dismissed as improvidently allowed March 24, 1994
    Max A. McKENZIE and Debra A. McKenzie, Respondents on Review, v. PACIFIC HEALTH & LIFE INSURANCE COMPANY, an Oregon corporation, Petitioner on Review.
    
    (CC CV-90-188; CA A67100; SC S40216)
    869 P2d 859
    Martin E. Hansen, of Karnopp, Petersen, Noteboom, Hubei, Hansen & Arnett, Bend, argued the cause for petitioner on review. With him on the petition were Howard G. Arnett and Brian L. Gingerich, Bend.
    W. Eugene Hallman, of Mautz, Hallman, Pendleton, argued the cause and filed the response for respondents on review.
    Stephen J. Connolly, Eric A. Lindenauer, Richard Baro-way, and Garvey, Schuber, & Barer, Portland, filed a brief amicus curiae on behalf of Blue Cross and Blue Shield of Oregon.
    John R. Faust, Jr., of Schwabe, Williamson & Wyatt, Portland, filed a brief amicus curiae on behalf of Standard Insurance Company.
    Bruce J. Brothers, of Brothers, Drew & Steelhammer, Bend, filed a brief amicus curiae on behalf of Oregon Trial Lawyers Association.
    MEMORANDUM OPINION
    
      Carson, Chief Justice, and Gillette and Fadeley, Justices, would not have dismissed.
     