ZIMMERMAN v. ALLSTATE PROPERTY AND CASUALTY

081217951; A146460.

267 P.3d 203 (2011)

246 Or. App. 680

Sara Marie ZIMMERMAN, Plaintiff-Respondent, v. ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, an Illinois corporation; and Allstate Insurance Company, an Illinois corporation, Defendants-Appellants.

Court of Appeals of Oregon.

Decided November 23, 2011.


Attorney(s) appearing for the Case

Joel S. DeVore , Eugene, argued the cause for appellants. With him on the briefs was Luvaas Cobb .

Gordon Gannicott , Portland, argued the cause for respondent. With him on the brief was Hollander, Lebenbaum & Gannicott.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.


PER CURIAM.

In this appeal by defendant Allstate Insurance from a judgment awarding plaintiff attorney fees under ORS 742.061 on her action for underinsured motorist (UIM) benefits under the terms of her automobile insurance policy, the question is whether Allstate is entitled to take advantage of the "safe harbor" provided by ORS 742.061(3) because, not later than six months from the date of proof of loss, it accepted coverage and consented to submit plaintiffs claim...

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