Grisby v. Progressive Preferred Insurance

Defendant Progressive Preferred Insurance Company petitions for reconsideration of this court’s decision in Grisby v. Progressive Preferred Ins. Co., 343 Or 175, 166 P3d 519 (2007). We allow the petition for reconsideration, modify our earlier decision and, as modified, adhere to that decision.

The issue in this case is whether plaintiff, an insured who had prevailed in a personal injury protection (PIP) dispute with his insurer, can recover his attorney fees under ORS 742.061. That statute provides that a successful plaintiff is entitled to recover attorney fees, but it also includes an…