Wick v. Viking Insurance

Plaintiffs are the insureds of defendant automobile insurer. They appeal, and defendant cross-appeals, from the trial court’s denial of costs and attorney fees under ORS 742.0611 in a declaratory judgment action arising out of a dispute over the amount of underinsured motorist payments that plaintiffs are entitled to receive. We reverse on the appeal and affirm on the cross-appeal.

Plaintiffs were injured in an accident with an under-insured driver. They received a total of $21,000 from the other driver’s insurer. After plaintiffs failed to reach agreement with defendant, they brought this…