SPEARMAN v. PROGRESSIVE CLASSIC INS. CO.

130201718; A155674.

366 P.3d 821 (2016)

276 Or. App. 114

Alex SPEARMAN, Plaintiff-Appellant, v. PROGRESSIVE CLASSIC INSURANCE COMPANY, a Wisconsin corporation, Defendant-Respondent.

Court of Appeals of Oregon. En Banc.

Resubmitted En Banc October 15, 2015.

Decided January 27, 2016.


Attorney(s) appearing for the Case

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

James B. Rich , Salem, argued the cause for respondent. With him on the brief was Harris, Wyatt & Amala, LLC.

Before HADLOCK, Chief Judge, and ARMSTRONG, ORTEGA, SERCOMBE, DUNCAN, EGAN, DeVORE, LAGESEN, TOOKEY, GARRETT, FLYNN, Judges, and HASELTON, Senior Judge, and NAKAMOTO, Judge pro tempore.


This appeal arises from plaintiff's action alleging that his motor vehicle insurance carrier breached its contract to pay uninsured motorist benefits. After prevailing in that action, plaintiff petitioned for an award of attorney fees under ORS 742.061(1), a statute that, in general, requires insurance companies to pay an attorney fee...

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