Douglass v. Allstate Insurance

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that the plaintiff ordered into arbitration “did not ‘elect’ to pursue arbitration; rather, she was compelled to participate in arbitration as a consequence of her choice to pursue litigation”
• holding that recovery of attorney fees under the former version of ORS 742.061 was not limited to coverage disputes but rather applied whenever the insurer disputed the insured’s entitlement to a “complete recover/’ and the recovery exceeded the insurer’s tender
• holding that recovery of attorney fees under the former version of ORS 742.061 was not limited to coverage disputes but rather applied whenever the insurer disputed the insured's entitlement to a \complete recovery\ and the recovery exceeded the insurer's tender
• stating that “ORS 742.504(10) describes a particular type of arbitration—i.e., arbitration that is pur- sued in lieu of litigation” (emphasis in original)
• determining that the application of ORS 742.061 is not limited to instances in which the insurer disputes coverage
• plaintiff in mandatory arbitration “did not ‘elect’ to pursue arbitration; rather, she was compelled to participate in arbitration as a consequence of her choice to pursue litigation”

Source: CourtListener parenthetical corpus (CC0).