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SHUMAKE v. FOSHEE

01C-15046; A121353.

105 P.3d 919 (2005)

197 Or. App. 255

Reece SHUMAKE, Respondent, v. John Randolph FOSHEE, Appellant.

Court of Appeals of Oregon.

Decided February 2, 2005.

Attorney(s) appearing for the Case

Thomas M. Christ, Portland, argued the cause for appellant. With him on the brief was Cosgrave Vergeer Kester, LLP.

David C. Landis, Portland, argued the cause for respondent. With him on the brief was Michael B. Dye, Salem.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and DEITS, Judge pro tempore.

LANDAU, P.J.

At issue in this automobile accident case is whether the trial court properly awarded plaintiff an enhanced prevailing party fee. The court awarded such a fee based on a number of findings, including that defendant — through his insurer — engaged in bad faith and deceitful tactics, that defendant lied to plaintiff's attorney about the existence of an estimate of damages, and that defendant employs a computerized method of handling claims...

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