Douglass v. Allstate Insurance

Plaintiff appeals, assigning error to the court’s denial of attorney fees in an action against defendant insurer for nonpayment of uninsured motorist (UM) benefits. Plaintiff asserts that: (1) she is entitled to attorney fees, because her recovery exceeded the amount of the insurer’s tender, ORS 742.061; and (2) her participation in mandatory court-annexed arbitration did not constitute an “election] to arbitrate,” which would preclude any award of fees. ORS 742.504(10). We agree with plaintiff in both respects and, consequently, reverse and remand.

In June 1995, plaintiff was injured in an…