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CARDENAS v. FARMERS INS. CO.

051213555, A135642.

215 P.3d 919 (2009)

230 Or. App. 403

Araceli CARDENAS (Castellano), Plaintiff-Respondent Cross-Appellant, v. FARMERS INSURANCE COMPANY, Defendant-Appellant Cross-Respondent.

Court of Appeals of Oregon.

Decided August 19, 2009.

Attorney(s) appearing for the Case

Thomas M. Christ, Portland, argued the cause for appellant-cross-respondent. With him on the briefs were Julie A. Smith and Cosgrave Vergeer Kester LLP.

Joanne Reisman, Portland, argued the cause and filed the briefs for respondent-cross-appellant.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

SCHUMAN, J.

Defendant Farmers Insurance Company appeals a supplemental judgment awarding attorney fees to plaintiff, its insured, after plaintiff prevailed in an action for payment of uninsured motorist (UM) benefits. Plaintiff cross-appeals, seeking additional fees. The question before us on appeal is whether a dispute concerning the enforceability of a release is an issue that relates only to "damages"; if so, then defendant qualifies for the "safe harbor" immunity...

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