Hennessy v. Mutual of Enumclaw Insurance

Defendant seeks reconsideration of our decision in Hennessy v. Mutual of Enumclaw Ins. Co., 228 Or App 186, 206 P3d 1184 (2009), arguing that plaintiff should not have been designated as the prevailing party on appeal. Defendant asserts that, because we reduced the amount of plaintiffs recovery by 97.5 percent, defendant should have been designated the prevailing party on appeal. For the reasons that follow, we grant reconsideration and adhere to our former opinion.

Plaintiff, an insured, initiated a breach of contract claim against defendant, her insurer, after defendant denied her claims for…