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ZIMMERMAN v. ALLSTATE PROPERTY

(CC 0812-17951; CA C146460; SC S060011).

311 P.3d 497 (2013)

354 Or. 271

Sara Marie ZIMMERMAN, Respondent on Review, v. ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, an Illinois corporation; and Allstate Insurance Company, an Illinois corporation, Petitioners on Review.

Supreme Court of Oregon, En Banc.

Resubmitted January 7, 2013.

Decided October 3, 2013.

Attorney(s) appearing for the Case

Joel S. DeVore of Luvaas Cobb, Eugene, argued the cause and filed the briefs for petitioners on review.

Gordon S. Gannicott of Hollander, Lebenbaum & Gannicott, Portland, argued the cause and filed the brief for respondent on review.

Charles Rabinowitz , Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

LANDAU. J.

ORS 742.061(1) provides that, if a settlement of an insurance claim is not made "within six months from the date proof of loss is filed with an insurer" and the insured recovers more than any amount that the insurer has tendered, the insured is entitled to an award of attorney fees. ORS 742.061(3) provides a "safe harbor" for the insurer in underinsured motorist (UIM) cases: No attorney fees will be awarded if, within six months of the filing of the proof...

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