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PARKS v. FARMERS INS. CO. OF OREGON

(CC 0306-06214; CA A127316; SC S055403).

227 P.3d 1127 (2009)

347 Or. 374

Eric PARKS and Yolanda Parks, Petitioners on Review, v. FARMERS INSURANCE COMPANY OF OREGON, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided December 24, 2009.

Attorney(s) appearing for the Case

Kathryn H. Clarke, Portland, argued the cause and filed the brief for petitioners on review. With her on the brief was Robert E.L. Bonaparte, of Shenker & Bonaparte, LLP, Portland.

Beth Cupani, of Bullivant Houser Bailey PC, Portland, argued the cause and filed the brief for respondent on review.

GILLETTE, J.

This attorney fee dispute arises under ORS 742.061, which requires an insurer to pay an insured's reasonable attorney fees if (1) the insurer fails to settle the insured's claim within six months of the date that the insured files a "proof of loss," and (2) the insured brings an action against the insurer and recovers more than any tender that the insurer has made. The trial court awarded attorney fees to plaintiffs...

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