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GRIJALVA v. SAFECO INS. CO. OF AMERICA

95-CV-0296-AB; CA A94209.

956 P.2d 995 (1998)

153 Or. App. 144

Judith GRIJALVA, Appellant—Cross-Respondent, v. SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, Respondent—Cross-Appellant. SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, Third-Party Plaintiff, Cross-Appellant, v. Judith M. GRIJALVA and Robert Grijalva, Third-Party Defendants, Cross-Respondents, and Carol S. Edwards and Larry Edwards, Third-Party Defendants.

Court of Appeals of Oregon.

Decided March 25, 1998.

Attorney(s) appearing for the Case

Bruce J. Brothers argued the cause for appellant—cross-respondent Judith Grijalva. With him on the briefs were Lawrence Gorman and Brothers & Ash, Bend.

Brian Gingerich, argued the cause for respondent—cross appellant. With him on the brief were Dennis James Hubel and Karnopp, Petersen, Noteboom, Hubel, Hansen & Arnett, Bend.

No appearance for cross-respondent Robert Grijalva.

Before RIGGS, P.J., and LANDAU and HASELTON, JJ.

LANDAU, Judge.

In this underinsured motorist (UIM) benefits dispute, plaintiff appeals from an amended judgment granting defendant Safeco's motion for summary judgment and awarding plaintiff $16,521.02 on defendant's claim for declaratory judgment. Plaintiff's first three assignments of error address the offsets the trial court applied to reduce plaintiff's award of UIM benefits. Her fourth assignment of error challenges the trial court's failure to award attorney...

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