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GRISBY v. PROGRESSIVE PREFERRED INS. CO.

(CC 0305-05057; CA A128089; SC S054196),

166 P.3d 519 (2007)

343 Or. 175

Omar J. GRISBY, Petitioner on Review, v. PROGRESSIVE PREFERRED INSURANCE COMPANY, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided August 9, 2007.

Attorney(s) appearing for the Case

Dean Heiling, Heiling Dwyer & Associates, Portland, argued the cause and filed the brief for petitioner on review.

Michael A. Lehner, Lehner & Rodrigues PC, Portland, argued the cause and filed the brief for respondent on review. With him on the briefs was Carl R. Amala, Harris, Wyatt & Amala, Salem.

Aaron Brian, Brian Law Firm, Medford, submitted a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

R. Daniel Lindahl, Bullivant Houser Bailey, PC, Portland, submitted a brief on behalf of amicus curiae Farmers Insurance Company of Oregon.

BALMER, J.

Plaintiff Omar Grisby prevailed in this action against his insurer for payment of personal injury protection (PIP) benefits. The issue before us is whether plaintiff is entitled to recover his attorney fees. We hold that plaintiff's action comes within the scope of the attorney fee provision for actions on insurance policies, ORS 742.061, and that plaintiff is entitled to recover a reasonable attorney fee from his insurer.

Plaintiff was injured...

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