MOSLEY v. ALLSTATE INSURANCE CO.

(9712-09445; CA A104802)

996 P.2d 513 (2000)

165 Or. App. 304

Marnella MOSLEY and Emanuel Mosley, Appellants, v. ALLSTATE INSURANCE CO., an Illinois corporation, Respondent.

Court of Appeals of Oregon.

Decided January 26, 2000.


Attorney(s) appearing for the Case

Willard E. Merkel, Portland, argued the cause for appellants. With him on the briefs was Popick & Merkel.

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

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.


BREWER, J.

Plaintiffs appeal from a supplemental judgment that sustained defendant insurer's exceptions to an award of attorney fees and costs made in plaintiff's favor in a court-annexed uninsured motorist (UM) arbitration proceeding. The trial court concluded that plaintiffs were not entitled to the award on the ground that defendant tendered an offer of settlement that exceeded their arbitration recoveries within six months of submission of an adequate proof of...

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