Zimmerman v. Allstate Property & Casualty Insurance

In this appeal by defendant Allstate Insurance from a judgment awarding plaintiff attorney fees under ORS 742.061 on her action for underinsured motorist (UIM) benefits under the terms of her automobile insurance policy, the question is whether Allstate is entitled to take advantage of the “safe harbor” provided by ORS 742.061(3) because, not later than six months from the date of proof of loss, it accepted coverage and consented to submit plaintiffs claim to binding arbitration.

Allstate makes arguments identical to those that we considered and rejected in Hall v. Speer, 244 Or App 392, 261…