LONG v. FARMERS INS. CO. OF OREGON

CC 12C23950 CA A156674 SC S063701.

388 P.3d 312 (2017)

360 Or. 791

Cary LONG, Petitioner on Review, v. FARMERS INSURANCE COMPANY OF OREGON, Respondent on Review.

Supreme Court of Oregon.

February 2, 2017.


Attorney(s) appearing for the Case

Calvin P. Vance , Law Office of Calvin Vance, Spokane, Washington, argued the cause and filed the brief for petitioner on review. Also on the brief was Kristian Roggendorf , Roggendorf Law LLC, Lake Oswego.

Francis J. Maloney , Maloney Lauersdorf Reiner PC, Portland, argued the cause and filed the brief for respondent on review. Also on the brief was Janis C. Puracal.

Charles Robinowitz , Law Offices of Charles Robinowitz, Portland, filed the brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Before Balmer, Chief Justice, and Kistler, Walters, Landau, Baldwin, and Brewer, Justices, and Sercombe, Judge of the Court of Appeals, Justice pro tempore.


ORS 742.061 requires an insurer to pay its insured's attorney fees if, in the insured's action against the insurer, the insured obtains a "recovery" that exceeds the amount of any tender made by the insurer within six months from the date that the insured first filed proof of a loss. In this case, we decide that, when an insured files...

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