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TRAVELERS INS. CO. v. PLUMMER

563 P.2d 1218 (1977)

278 Or. 387

The TRAVELERS INSURANCE COMPANY, a foreign Corporation, Appellant, v. Stephen R. PLUMMER, Respondent.

Supreme Court of Oregon, In Banc.

Decided May 10, 1977.

Attorney(s) appearing for the Case

Randall E. Thwing, Thwing, Atherly & Butler, Eugene, argued the cause and filed briefs for appellant. With him on the reply brief was Samuel G. Wilson, Eugene.

Harold D. Gillis, Eugene, argued the cause for respondent. With him on the brief were Thomas J. Peterson and Butler, Husk & Gleaves, Eugene.

LINDE, Justice.

Oregon law awards a plaintiff attorney fees in an action on an insurance policy when his recovery exceeds the amount tendered by the insurer. ORS 743.114. The issue before us is whether this statute applies when an insurance company sues to recover funds advanced to its insured upon a loan receipt, and the insured successfully counterclaims for attorney fees paid by him in gaining payment by a third party of the damages covered by the insurance policy...

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