Zimmerman v. Allstate Property & Casualty Insurance

ORS 742.061(1) provides that, if a settlement of an insurance claim is not made “within six months from the date proof of loss is filed with an insurer” and the insured recovers more than any amount that the insurer has tendered, the insured is entitled to an award of attorney fees. ORS 742.061(3) provides a “safe harbor” for the insurer in underinsured motorist (UIM) cases: No attorney fees will be awarded if, within six months of the filing of the proof of loss, the insurer states in writing that it accepts coverage, that the only remaining issues are the liability of the underinsured…