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MORGAN v. AMEX ASSUR. CO.

(CC 0710-11736; CA A141913; SC S059655).

287 P.3d 1038 (2012)

352 Or. 363

Carla D. MORGAN, Petitioner on Review, v. AMEX ASSURANCE COMPANY, Respondent on Review.

Supreme Court of Oregon.

Decided September 14, 2012.

Attorney(s) appearing for the Case

Dean Heiling , Heiling Dwyer & Associates, Portland, argued the cause and filed the briefs for petitioner on review.

Cliff J. Wilson , Smith Freed & Eberhard, P.C., Portland, argued the cause and filed the brief for respondent on review. With him on the brief was Ryan J. McLellan .

Meagan A. Flynn , Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

Seth H. Row , Parsons Farnell & Grein, LLP, Portland, filed the brief for amici curiae Ash Grove Cement Company, the Port of Portland, Northwest Natural Gas Company, Associated General Contractors — Oregon Columbia Chapter, Oregon Home Builders Association, and Oregon Concrete and Aggregate Producers Association. With him on the brief was Michael E. Farnell .

Before BALMER, Chief Justice, and DURHAM, DE MUNIZ, KISTLER, WALTERS, and LINDER, Justices.

KISTLER, J.

ORS 742.061 authorizes an award of attorney fees to an insured who prevails in "an action * * * in any court of this state upon any policy of insurance of any kind or nature * * *." A later enacted statute, ORS 742.001, provides that ORS chapter 742 "appl[ies] to all insurance policies delivered or issued for delivery in this state * * *." The question in this case is whether ORS 742.001 precludes awarding attorney fees to an insured who prevails in an...

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