Kramm v. Mid-Century Insurance

Defendant Mid-Century Insurance Company appeals from a judgment in a district court action, awarding the plaintiff damages for unpaid personal injury protection (PIP) benefits as well as attorney fees. Defendant asserts that the court erred in denying its motion to dismiss pursuant to ORS 742.520(6) (1995) and in denying its motion to strike plaintiffs allegations of an entitlement to attorney fees under ORS 742.061. We affirm.

Defendant insured plaintiff under an automobile liability policy that provided statutorily prescribed PIP benefits. In February 1995, plaintiff was involved in an auto…