We ultimately denied defendant's petition. Masood v. Safeco Ins. Co. of Oregon , 359 Or. 525, 379 P.3d 515 (2016). Plaintiff now seeks an award of $30,771 in attorney fees incurred before this court, consisting of $24,501.50 for fees in responding to defendant's petition for review and $6,269.50 for fees in preparing the petition for attorney fees. He contends that, given the Court of Appeals' decision, he is the prevailing party on appeal and is entitled to fees under ORS 742.061. He asserts that he satisfied all the requirements for an award of fees under that statute.
Defendant petitioned for review of our decision by the Supreme Court, which denied review. Masood v. Safeco Ins. Co. of Oregon , 359 Or. 525, 379 P.3d 515 (2016). Plaintiff thereafter petitioned the Supreme Court for an award of the attorney fees that he had incurred in responding to the petition for review, relying on ORS 742.061(1) as authority for the award.