BARBER v. GREEN

100506481; A147678.

273 P.3d 294 (2012)

248 Or. App. 404

Deandrae BARBER, Sr., Plaintiff-Appellant Cross-Respondent, v. Corey GREEN, Defendant-Respondent, and Allstate Property and Casualty Insurance Company, an Illinois corporation, Defendant-Respondent Cross-Appellant.

Court of Appeals of Oregon.

Decided February 29, 2012.


Attorney(s) appearing for the Case

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

Aaron Denton , Portland, argued the cause for respondents and cross-appellant. With him on the briefs was Prange Law Group, LLC.

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


SCHUMAN, P.J.

This case is about attorney fees in an action brought to enforce the terms of an insurance settlement agreement on a personal injury claim. The case turns on whether plaintiff or defendant Allstate Property and Casualty Insurance Company (Allstate), or both, were the prevailing party. We conclude that plaintiff is the prevailing party, that she was entitled to attorney fees under ORS 20.082, and that the circuit court abused its discretion in not awarding...

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