DOCKINS v. STATE FARM INS. CO.

(CC 9605-03556; CA A98608; SC S45747).

985 P.2d 796 (1999)

329 Or. 20

Troy DOCKINS and Donna Dockins, Petitioners on Review, v. STATE FARM INSURANCE COMPANY, a corporation, Respondent on Review.

Supreme Court of Oregon.

Decided July 9, 1999.


Attorney(s) appearing for the Case

William A. Drew, Portland, argued the cause and filed the petition for petitioners on review. With him on the petition were Robert E.L. Bonaparte, and Bonaparte, Elliott, Ostrander & Preston, P.C., Portland.

Michael A. Lehner, of Lehner, Mitchell, Rodrigues & Sears, Portland, argued the cause and filed the brief for respondent on review.

Dean Heiling, Portland, filed a brief for amicus curiae Oregon Trial Lawyers Association.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM, KULONGOSKI, and LEESON, Justices.


GILLETTE, J.

As this insurance coverage dispute comes to this court, the sole issue concerns plaintiffs' right to collect attorney fees from defendant insurer. Before trial, the parties settled the substance of the action in plaintiffs' favor for $15,000. The parties left open the question of attorney fees to be resolved by the trial court if and when plaintiffs petitioned the court for such fees. After the parties had entered into a stipulated judgment reflecting...

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