Morgan v. Amex Assurance Co.

ORS 742.061 authorizes an award of attorney fees to an insured who prevails in “an action * * * in any court of this state upon any policy of insurance of any kind or nature ***.” A later enacted statute, ORS 742.001, provides that ORS chapter 742 “applies] to all insurance policies delivered or issued for delivery in this state * * The question in this case is whether ORS 742.001 precludes awarding attorney fees to an insured who prevails in an action in an Oregon court on an insurance policy that was issued for delivery and delivered in the State of Washington. The trial court concluded…