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BURNS v. AMERICAN FAMILY MUTUAL INS. CO.

A165385.

487 P.3d 50 (2021)

310 Or. App. 431

Jack BURNS, Plaintiff-Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Oregon.

April 7, 2021.

Attorney(s) appearing for the Case

Travis Eiva , Portland, argued the cause and filed the briefs for appellant.

Leslie A. Kocher-Moar , Portland, argued the cause for respondent. Also on the brief was MacMillan, Scholz & Marks, P.C.

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

Plaintiff appeals a supplemental judgment denying, in part, his request for attorney fees under ORS 742.061(1). Under that statute, an insured driver who files an action against an insurer for underinsured motorist (UIM) benefits may "recover reasonable attorney fees if timely settlement is not made and the plaintiff's recovery exceeds...

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