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GRISBY v. PROGRESSIVE PREFERRED INS. CO.

0305-05057; A128089.

142 P.3d 531 (2006)

207 Or. App. 592

Omar J. GRISBY, Appellant, v. PROGRESSIVE PREFERRED INSURANCE COMPANY, Respondent.

Court of Appeals of Oregon.

Decided September 6, 2006.

Attorney(s) appearing for the Case

Dean Heiling, Portland, argued the cause for appellant. With him on the briefs was Heiling Dwyer & Associates.

Michael A. Lehner, Portland, argued the cause for respondent. With him on the brief was Lehner & Rodrigues PC.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

ORTEGA, J.

Plaintiff appeals from a supplement judgment denying his petition for attorney fees under ORS 742.061 after he prevailed in an action against his insurer for payment of personal injury protection (PIP) benefits. We affirm.

Plaintiff sustained personal injuries when the vehicle that he was driving was rearended. He filed a proof of loss statement for payment of his medical expenses under the PIP provisions of his automobile liability insurance policy...

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