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McCLAIN v. SAFECO INS. CO. OF OREGON

A158617.

392 P.3d 829 (2017)

284 Or.App. 410

Kathryn A. McCLAIN, fka Kathryn O'Neil, Plaintiff-Respondent, v. SAFECO INSURANCE COMPANY OF OREGON, an Oregon corporation, Defendant-Appellant.

Court of Appeals of Oregon.

March 15, 2017.

Attorney(s) appearing for the Case

Thomas M. Christ , Portland, argued the cause for appellant. With him on the briefs was Cosgrave Vergeer Kester LLP.

Timothy J. Helfrich , Ontario, argued the cause for respondent. With him on the brief was Yturri Rose LLP.

Before Duncan, Presiding Judge, and DeVore, Judge, and Garrett, Judge.

Safeco Insurance Company (Safeco) appeals from a judgment that awarded plaintiff recovery of her attorney fees under ORS 742.061. Safeco had sent her a timely letter offering to arbitrate the issues of fault and damages in her underinsured motorist claim. Under those circumstances, Safeco contends that attorney fees are not recoverable because...

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