A Review Of Significant Oregon Appellate Decisions Of 2011
2011 is not likely to be remembered as a year during which Oregon’s Supreme Court or Court of Appeals issued opinions that have a dramatic impact on insurance coverage litigation in Oregon. But two related environmental cases that have long histories continued to provide Oregon’s appellate courts with opportunities to address, if not necessarily answer, issues concerning ORS 742.061. This statute is significant to insurance coverage matters because it provides that an insured who brings an action on any policy of insurance may recover its attorney fees if two conditions are met: first, that the insurer does not settle within six months of the insured’s filing of a proof of loss, and second, that the insured recovers more than the insurer tendered.
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