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SCOTT v. STATE FARM MUTUAL AUTO. INS.

(CC 0312-13683; CA A127691; SC S055318).

190 P.3d 372 (2008)

345 Or. 146

Laura SCOTT, Petitioner on Review, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign corporation, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided July 24, 2008.

Attorney(s) appearing for the Case

Meagan A. Flynn, Preston Bunnell & Flynn, LLP, Portland, argued the cause and filed the briefs for petitioner on review.

R. Daniel Lindahl, Bullivant Houser Bailey PC, Portland, argued the cause for respondent on review. With him on the brief was John R. Bachofner.

Robert K. Udziela, Beaverton, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

DE MUNIZ, C.J.

Plaintiff brought this action against defendant State Farm Mutual Automobile Insurance Company (State Farm), alleging that State Farm had not paid uninsured motorist (UM) benefits owed to her after a car accident, and asserting that she was entitled to recover her reasonable attorney fees pursuant to ORS 742.061. That statute allows an insured to recover reasonable attorney fees if, among other things, "settlement is not made within six months from...

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