DOUGLASS v. ALLSTATE INS. CO.

9604-03025; CA A95614.

953 P.2d 770 (1998)

152 Or. App. 216

Lily L. DOUGLASS, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

Court of Appeals of Oregon.

Decided January 21, 1998.


Attorney(s) appearing for the Case

John D. Ostrander, Portland, argued the cause for appellant. With him on the briefs were Robert E.L. Bonaparte and Bonaparte, Elliott, Ostrander & Preston, P.C., Portland, and Michael J. Knapp and Myers & Knapp, Portland.

R. Daniel Lindahl, Portland, argued the cause for respondent. With him on the brief were Jeffrey S. Eden, Portland, and Bullivant, Houser, Bailey, Pendergrass & Hoffman, P.C., Portland.

Before De MUNIZ, P.J., and HASELTON and LINDER, JJ.


HASELTON, Judge.

Plaintiff appeals, assigning error to the court's denial of attorney fees in an action against defendant insurer for nonpayment of uninsured motorist (UM) benefits. Plaintiff asserts that: (1) she is entitled to attorney fees, because her recovery exceeded the amount of the insurer's tender, ORS 742.061; and (2) her participation in mandatory court-annexed arbitration did not constitute an "elect[ion] to arbitrate," which would preclude any award...

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