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WEATHERSPOON v. ALLSTATE INS. CO.

0012-12460; A118160.

89 P.3d 1277 (2004)

193 Or. App. 330

Benita WEATHERSPOON, Respondent, v. ALLSTATE INSURANCE COMPANY, an Illinois corporation, Appellant.

Court of Appeals of Oregon.

Decided May 12, 2004.

Attorney(s) appearing for the Case

R. Daniel Lindahl, Portland, argued the cause for appellant. With him on the briefs were John R. Bachofner, and Bullivant Houser Bailey PC.

Willard Merkel, Portland, argued the cause for respondent. With him on the brief was Merkel & Associates.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and SCHUMAN, Judge.

EDMONDS, P.J.

Defendant appeals a judgment awarding attorney fees to plaintiff under ORS 742.061. Defendant argues that the court lacked jurisdiction to award the fees and, alternatively, that the trial court erred in awarding fees under ORS 742.061(1). We reverse.

Plaintiff is defendant's insured. She was injured in an accident with an underinsured motorist. After the accident, plaintiff applied for and received personal injury protection (PIP) benefits from...

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