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SPEARMAN v. PROGRESSIVE CLASSIC INS. CO.

(CC 1302-01718; SC S063995).

396 P.3d 885 (2017)

361 Or. 584

Alex SPEARMAN, Petitioner on Review, v. PROGRESSIVE CLASSIC INSURANCE COMPANY, a Wisconsin corporation, Respondent on Review.

Supreme Court of Oregon.

June 22, 2017.

Attorney(s) appearing for the Case

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

James B. Rich , Harris, Wyatt & Amala, LLC, Salem, argued the cause and filed the brief for respondent on review.

Lisa T. Hunt , Law Office of Lisa T. Hunt, LLC, Lake Oswego, filed the brief for amicus curiae Oregon Trial Lawyers Association.

Before Balmer, Chief Justice, and Kistler, Walters, Landau, and Brewer, Justices, and DeHoog, Judge of the Court of Appeals, Justice pro tempore.

ORS 742.061(1) generally provides for an award of attorney fees when an insured brings an action against his or her insurer and recovers more than the amount tendered by the insurer. ORS 742.061(3) provides a "safe harbor" for the insurer in uninsured motorist (UM) cases: An insured is not entitled to attorney fees if, within six months...

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