Parks v. Farmers Insurance

Defendant insurer appeals from a supplemental judgment 1 for attorney fees in favor of plaintiffs, its insureds, in this action for homeowner’s insurance benefits. ORS 742.061. Defendant argues that the trial court erred in awarding attorney fees to plaintiffs because defendant settled plaintiffs’ claim within six months after plaintiffs filed a qualifying proof of loss by serving the complaint in this action. We reverse.

Plaintiffs Eric and Yolanda Parks owned a rental residence for which defendant issued a homeowner’s insurance policy. The rental residence is located in Oregon, and…