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FOUST v. AMERICAN STANDARD INS. CO.

0107-06888; A118312.

74 P.3d 1111 (2003)

189 Or. App. 125

Ruby FOUST, Appellant, v. AMERICAN STANDARD INSURANCE COMPANY OF WISCONSIN, a Wisconsin corporation, Respondent.

Court of Appeals of Oregon.

Decided August 6, 2003.

Attorney(s) appearing for the Case

Willard E. Merkel, Portland, argued the cause for appellant. On the opening brief was Popick & Merkel; on the reply brief was Merkel & Associates.

Lisa E. Lear, Portland, argued the cause for respondent. With her on the brief were Ronald J. Clark, Stan Kapustak, and Bullivant Houser Bailey PC.

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

BREWER, J.

Plaintiff prevailed in a court-annexed arbitration of her claim against defendant insurer for underinsured motorist (UIM) benefits, but the arbitrator declined to award her attorney fees on the ground that the evidence received at the arbitration hearing did not demonstrate her entitlement to such an award. In response, plaintiff submitted an attorney fee petition and supporting documents relating to her entitlement to and the amount of attorney fees, and...

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