Petersen v. Farmers Insurance

Plaintiff appeals from the trial court’s supplemental judgment that denied her request for an award of costs, disbursements, and attorney fees and that awarded defendant its costs and disbursements. Plaintiff assigns error to the trial court’s failure to award her attorney fees pursuant to ORS 742.061. We reverse and remand.

The parties do not dispute most of the pertinent facts. In June 1995, plaintiff was injured in an automobile accident when her car was struck by another. Both plaintiff and the driver of the other car were insured by defendant. The other driver had automobile liability…