BERGER v. SAFECO INS. CO.

A167466.

470 P.3d 420 (2020)

305 Or. App. 380

Richard BERGER, Plaintiff-Respondent, v. SAFECO INSURANCE COMPANY of Oregon, Defendant-Appellant.

Court of Appeals of Oregon.

July 8, 2020.


Attorney(s) appearing for the Case

Thomas M. Christ argued the cause for appellant. Also on the briefs was Sussman Shank LLP.

Willard E. Merkel , Portland, argued the cause for respondent. Also on the brief was Merkel & Associates.

Before DeHoog, Presiding Judge, and Aoyagi, Judge, and Kamins, Judge.


This appeal raises the issue of whether a defendant insurance company's actions during litigation—specifically raising the issue of its insured driver's comparative fault—subject it to an attorney fee award under the underinsured motorist (UIM) benefits statute. Plaintiff, an insured driver, prevailed in an action to recover...

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