Spearman v. Progressive Classic Insurance

Although reticent to say it quite so plainly, the majority holds that, in an uninsured motorist claim, an insurer may dispute, as a factual matter, that a claimant suffered any damages and the insurer will not be deemed thereby to have exceeded the scope of the exemption from the claimant’s attorney fees under ORS 742.061(3). That is because the cause or extent of damages is a permissible dispute within the scope of the fee exemption. Plaintiff argues for something more novel. Hoping to extend the Supreme *129Court’s decision in Grisby v. Progressive Preferred Ins. Co., 343 Or 175, 166 P3d 519,…