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WERBOWSKI v. RED SHIELD INS. CO.

050302830, A133348.

190 P.3d 406 (2008)

221 Or. App. 271

Dennis WERBOWSKI and Susan Werbowski, Plaintiffs-Appellants, v. RED SHIELD INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Oregon.

Decided July 23, 2008.

Attorney(s) appearing for the Case

Willard E. Merkel, Portland, argued the cause for appellants. With him on the briefs was Merkel & Associates.

Jay W. Beattie, Portland, argued the cause for respondent. With him on the brief was Lindsay, Hart, Neil & Weigler, LLP.

Before EDMONDS, Presiding Judge, and ARMSTRONG, Judge, and SERCOMBE, Judge.

ARMSTRONG, J.

In this breach of contract action under an insurance policy, the trial court entered a general judgment in favor of defendant, and also awarded defendant attorney fees under ORS 36.425(4). Plaintiffs appeal, challenging only the award of attorney fees, and we affirm.

The facts are not disputed. Plaintiffs' breach of contract claim was referred to court-annexed arbitration. ORS 36.400 to 36.425. Defendant prevailed before the arbitrator, and plaintiffs...

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