Attorney Fees Archives

Oregon Court of Appeals Takes Broad View of “Proof of Loss” For UIM Claims

August 2011 Recently, the Oregon Court of Appeals, in Hall v. Speer, ruled than a claimant injured in an automobile accident provided her insurance company “proof of loss” for an underinsured motorist (“UIM”) claim even though the insurance company did … Continue reading

Attorney Fees Under ORS 742.061 Applicable only Where Policy is Delivered or Issued for Delivery in Oregon

July 2011 Last month, the Oregon Court of Appeals was faced with that familiar situation: a Washington resident with a Washington insurance policy files a breach of contract action against her insurance company here in Oregon.  Typically, the only connection … Continue reading

ORCP 54 E Unavailable to Limit Attorney Fees Triggered by ORS 742.061

In April, the Oregon Court of Appeals released Wilson v. Tri-Met, 234 Or App 615, 228 P3d 1225 (2010), a new decision addressing an insured’s right to attorney fees pursuant to ORS 742.061.  This time, the court discussed the intersection … Continue reading

Unaccepted ORCP 54 E Offer To Allow Judgment Must Be Filed in Court to Cut Off Rights to Fees

APRIL 2009 A recent Oregon decision requires an offer to allow judgment  to be filed in court to limit a claimant’s right to recover attorney fees and costs, even if the offer was rejected.  In Wilmoth v. Ann Sacks Tile … Continue reading

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