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HEIS v. ALLSTATE INSURANCE COMPANY

436 P.2d 550 (1968)

Mary T. HEIS, Appellant, v. ALLSTATE INSURANCE COMPANY, an Illinois Corporation, Respondent.

Supreme Court of Oregon, Department 1.

Decided January 24, 1968.

Attorney(s) appearing for the Case

Gene A. Killeen, Portland, argued the cause for appellant. With him on the brief were Virgil Colombo and Frances M. Dudleston, Portland.

James H. Clarke, Portland, argued the cause for respondent. With him on the brief were McColloch, Dezendorf & Spears and Wayne Hilliard, Portland.

Before PERRY, C.J., and McALLISTER, O'CONNELL, DENECKE and LUSK, JJ.

O'CONNELL, Justice.

This is an action to recover under the medical payments provision of an automobile insurance policy. The case was heard by the court without a jury. Plaintiff appeals from a judgment allowing recovery for only a portion of the medical expenses claimed by her and denying her reasonable attorney's fees.

Plaintiff was insured under defendant's policy which provided coverage as follows:

"Allstate will pay all reasonable expenses incurred...

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