HAYNES v. TRI-COUNTY METRO. TRANSP. DIST.

0201-00624; CA A120056; SC S51097.

103 P.3d 101 (2004)

337 Or. 660

Mae HAYNES, Petitioner on Review, v. TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON, a municipal corporation, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided December 23, 2004.


Attorney(s) appearing for the Case

Willard E. Merkel, of Merkel & Associates, Portland, argued the cause and filed the briefs for petitioner on review.

Jana Toran, of TriMet Legal Department, Portland, argued the cause and filed the brief for respondent on review.


BALMER, J.

The issue in this case is whether a self-insured entity may be liable for attorney fees in the same circumstances as an insurer. We hold that the answer to that question is yes.

ORS 742.061, the text of which is set out below, generally provides that a person may recover reasonable attorney fees from an insurer if the following sequence of events occurs: (1) the person presents a proof of loss to an insurer...

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