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ROBINSON v. TRI-COUNTY METRO. TRANSP.

130913689; A156910.

370 P.3d 864 (2016)

277 Or.App. 60

Brenda ROBINSON, Plaintiff-Appellant, v. TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON, a municipal corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided March 16, 2016.

Attorney(s) appearing for the Case

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

Erik Van Hagen, Portland, argued the cause and filed the brief for respondent.

Before ORTEGA, Presiding Judge, and DeVORE, Judge, and GARRETT, Judge.

This case requires that we revisit the insurer's exemption under ORS 742.061(3) from the insured's attorney fees when the insured has rejected the insurer's timely offer to arbitrate the claim. Plaintiff appeals a judgment awarding her uninsured motorist benefits but denying her recovery of attorney fees. The trial court denied her recovery...

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