Robinson v. Tri-County Metropolitan Transportation District of Oregon

• Court: Oregon Court of Appeals
• Area(s) of Law: Attorney Fees
• Date Filed: 03-16-2016
• Case #: A156910
• Judge(s)/Court Below: Devore, J. for the Court; Ortega, J.; & Garrett, J.

Under ORS 742.061(3), sending a "safe harbor" letter, even if it did not include the statutory language that "the only issues are the liability of the uninsured or underinsured and the damages due the insured," satisfies the exemption.

Passenger of Tri-Met was awarded uninsured motorists benefits, but denied recovery of attorney fees. The Court held that Tri-Met successfully met the exemption from plaintiff's attorney fees under ORS 742.061(3) by sending a "safe harbor" letter, even if it did not include the statutory language that "the only issues are the liability of the uninsured or underinsured and the damages due the insured." Affirmed.

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