Mosley v. Allstate Insurance Co.

Plaintiffs appeal from a supplemental judgment that sustained defendant insurer’s exceptions to an award of attorney fees and costs made in plaintiffs favor in a court-annexed uninsured motorist (UM) arbitration proceeding. The trial court concluded that plaintiffs were not entitled to the award on the ground that defendant tendered an offer of settlement that exceeded their arbitration recoveries within six months of submission of an adequate proof of loss under the UM policy. ORS 742.061. Plaintiffs assert that they submitted an adequate proof of loss more than six months before defendant…