Werbowski v. Red Shield Insurance

In this breach of contract action under an insurance policy, the trial court entered a general judgment in favor of defendant, and also awarded defendant attorney fees under ORS 36.425(4). Plaintiffs appeal, challenging only the award of attorney fees, and we affirm.

The facts are not disputed. Plaintiffs’ breach of contract claim was referred to court-annexed arbitration. ORS 36.400 to 36.425. Defendant prevailed before the arbitrator, and plaintiffs requested a trial de novo pursuant to ORS 36.425(2)(a). On cross-motions for summary judgment, the trial court ruled in favor of defendant. In…