Berger v. Safeco Ins. Co.

380 Argued and submitted April 16, 2019, reversed and remanded July 8, petition for review denied December 10, 2020 ( 367 Or 290) Richard BERGER, Plaintiff-Respondent, v. SAFECO INSURANCE COMPANY OF OREGON, Defendant-Appellant. Multnomah County Circuit Court 15CV28625; A167466

470 P3d 420

In an action to recover benefits pursuant to an underinsured motorist pol- icy, the trial court awarded plaintiff attorney fees under ORS 742.061(1) after it determined that defendant had forfeited the protection of the so-called “safe harbor” provision, ORS 742.061(3). ORS 742.061(3) exempts an insurer from…