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MILLER v. AMERICAN FAMILY MUT. INS. CO.

101014862; A150186.

330 P.3d 631 (2014)

262 Or. App. 730

Eric MILLER, Plaintiff-Respondent, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin corporation, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 14, 2014.

Attorney(s) appearing for the Case

R. Daniel Lindahl argued the cause for appellant. With him on the opening brief were Lindahl Law Firm PC, Mark E. Olmsted , and Mark E. Olmsted, PC. With him on the reply brief were R. Daniel Lindahl , Lindahl Kaempf PC, Mark E. Olmsted , and Mark E. Olmsted, PC.

Willard E. Merkel argued the cause for respondent. With him on the brief was Merkel & Associates.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.

NAKAMOTO, J.

DESIGNATION OF PREVAILING PARTY AND AWARD OF COSTS

In this breach of insurance contract case, defendant American Family Mutual Insurance Company appeals a general judgment and money award in plaintiff's favor on his claims for personal injury protection (PIP) benefits and uninsured motorist (UIM) benefits. Pursuant to ORCP 54 E, defendant served plaintiff with an offer of judgment on the PIP claim before trial, which plaintiff accepted. On appeal...

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