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BADRICK v. FARMERS INS. CO. OF OREGON

080507055; A142539.

242 P.3d 685 (2010)

238 Or. App. 320

Enola BADRICK, Plaintiff-Appellant, v. FARMERS INSURANCE COMPANY OF OREGON, an Oregon corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided October 27, 2010.

Attorney(s) appearing for the Case

Willard E. Merkel , Portland, argued the cause for appellant. With him on the briefs was Merkel & Associates.

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

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.

DUNCAN, J.

This is an action on an insurance policy. Plaintiff brought the action against defendant, her insurer, for failing to pay benefits. After the parties resolved the benefits dispute, an arbitrator awarded plaintiff attorney fees under ORS 742.061(1), which provides that a plaintiff in an action on an insurance policy is entitled to an award of attorney fees "if settlement is not made within six months from the date proof of loss is filed with [the] insurer...

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