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KIRYUTA v. COUNTRY PREFERRED INS. CO.

CC 130101380 CA A156351 SC S063707.

376 P.3d 284 (2016)

360 Or. 1

Roman KIRYUTA, Respondent on Review, v. COUNTRY PREFERRED INSURANCE COMPANY, Petitioner on Review.

Supreme Court of Oregon.

July 14, 2016.

Attorney(s) appearing for the Case

John R. Bachofner , Jordan Ramis PC, Vancouver, Washington, argued the cause and filed the brief for petitioner on review.

Willard E. Merkel , Merkel and Associates, Portland, argued the cause and filed the brief for respondent on review.

En Banc.

Plaintiff was injured in an automobile accident and filed a claim for underinsured motorist (UIM) benefits with Country Preferred Insurance (defendant). Under ORS 742.061(1), a plaintiff seeking UIM benefits is entitled to recover reasonable attorney fees if timely settlement is not made and the plaintiff's recovery exceeds the defendant...

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