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McCLAIN v. SAFECO INS. CO. OF OREGON

A158617.

392 P.3d 829 (2017)

284 Or.App. 410

Kathryn A. McCLAIN, fka Kathryn O'Neil, Plaintiff-Respondent, v. SAFECO INSURANCE COMPANY OF OREGON, an Oregon corporation, Defendant-Appellant.

Court of Appeals of Oregon.

March 15, 2017.

Attorney(s) appearing for the Case

Thomas M. Christ, Portland, argued the cause for appellant. With him on the briefs was Cosgrave Vergeer Kester LLP.

Timothy J. Helfrich, Ontario, argued the cause for respondent. With him on the brief was Yturri Rose LLP.

Before Duncan, Presiding Judge, and DeVore, Judge, and Garrett, Judge.

Safeco Insurance Company (Safeco) appeals from a judgment that awarded plaintiff recovery of her attorney fees under ORS 742.061. Safeco had sent her a timely letter offering to arbitrate the issues of fault and damages in her underinsured motorist claim. Under those circumstances, Safeco contends that attorney fees are not recoverable because...

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