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FICK v. DAIRYLAND INS. CO.

No. A7706-09238; CA 12194.

601 P.2d 868 (1979)

42 Or.App. 777

Howard FICK and Laura Hay Aka Laura Young, Plaintiffs, Progressive Casualty Insurance Co., a Corporation, Appellant, v. DAIRYLAND INSURANCE COMPANY, Respondent.

Court of Appeals of Oregon.

Decided October 22, 1979.

Attorney(s) appearing for the Case

Blaine G. Gibson, Portland, argued the cause for appellant. With him on the brief was Fellows, McCarthy, Zikes & Kayser, P.C., Portland.

Charles D. Harms, Portland, argued the cause for respondent. With him on the brief was Buss, Leichner & Barker, P.C., Portland.

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.

JOSEPH, Presiding Judge.

This was an action on an automobile liability insurance policy. Plaintiff insurance company appeals from a judgment denying it attorney fees.

Howard Fick was injured in an automobile collision by the negligent driving of Laura Hay, who was insured under her parents' policy issued by Dairyland Insurance Company. Fick sued Hay and her parents and obtained a judgment for $3,750 and costs. Dairyland refused to pay any part of that judgment...

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