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WICK v. VIKING INS. CO.

88-3487-L-1; CA A63868.

803 P.2d 1199 (1990)

105 Or. App. 33

Larry WICK and Mary Wick, Husband and Wife, Individually and as the Natural Parents and Guardians of Nathan Wick and Autumn Wick, Minor Children; and James C. Wilson, Jr., Guardian Ad Litem for Ryan McMullen, a minor, Appellants-Cross-Respondents, v. VIKING INSURANCE COMPANY, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided December 26, 1990.

Attorney(s) appearing for the Case

Kelly L. Andersen, Central Point, argued the cause for appellants-cross-respondents. With him on the briefs was Richardson & Andersen, P.C., Central Point.

Garrison F. Turner, Ashland, argued the cause for respondent-cross-appellant. With him on the brief was Frohnmayer, Deatherage, Pratt, Jamieson & Turner, P.C., Ashland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Plaintiffs are the insureds of defendant automobile insurer. They appeal, and defendant cross-appeals, from the trial court's denial of costs and attorney fees under ORS 742.0611 in a declaratory judgment action arising out of a dispute over the amount of underinsured motorist payments that plaintiffs are entitled to receive. We reverse on the appeal and affirm on the cross-appeal.

Plaintiffs were injured...

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