Barber v. Green

This case is about attorney fees in an action brought to enforce the terms of an insurance settlement agreement on a personal injury claim. The case turns on whether plaintiff or defendant Allstate Property and Casualty Insurance Company (Allstate), or both, were the prevailing party. We conclude that plaintiff is the prevailing party, that she was entitled to attorney fees under ORS 20.082, and that the circuit court abused its discretion in not awarding plaintiff those fees.

Plaintiff alleged that she was injured in an automobile accident caused by defendant Green. Allstate, Green’s insurer,…