Legal Opinion
Goddard v. Farmers Insurance
Court of Appeals of Oregon
Decided October 31, 2001No. 90-05-03204; A106027PublishedCited by 5 opinions
1Opinion of the CourtBrewer, P. J.
Plaintiff seeks a conditional award of attorney fees under ORS 742.061(1), 1 following our decision reversing a summary judgment for defendant insurer in this action for “negligence and bad faith” based on defendant’s alleged failure to reasonably settle a wrongful death claim. Goddard v. Farmers Ins. Co., 173 Or App 633, 22 P3d 1224 (2001). We conclude that, because plaintiffs claim sounds in tort, this is not an action on an insurance policy. Therefore, plaintiff is not entitled to an award of attorney fees under ORS 742.061.
In order to explain our conclusion, we briefly recount the…
2Cases cited6 opinions
- Georgetown Realty, Inc. v. Home InsuranceOregon Supreme Court · 1992
- Farmers Insurance v. TrutanichCourt of Appeals of Oregon · 1993
- Greb v. MurrayCourt of Appeals of Oregon · 1990
- Georgetown Realty, Inc. v. Home InsuranceCourt of Appeals of Oregon · 1990
- Georgetown Realty, Inc. v. Home InsuranceCourt of Appeals of Oregon · 1992
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Alexander Manufacturing, Inc. Employee Stock Ownership & Trust v. Illinois Union InsuranceDistrict Court, D. Oregon · 2010
- Goddard v. Farmers Ins. Co. of OregonCourt of Appeals of Oregon · 2005
- Haynes v. Tri-County Metropolitan TransportationCourt of Appeals of Oregon · 2003
- Wiltshire v. Farmers Ins. Co.Court of Appeals of Oregon · 2021
- Owens v. State Farm Fire And Casualty CompanyDistrict Court, D. Oregon · 2023