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SMITH v. RIKER

85-58-CV; CA A42207.

746 P.2d 247 (1987)

88 Or.App. 579

Candace C. SMITH, Appellant, v. Nicole Marie RIKER, Respondent. and Donald M. Pinnock and H.F. Smith, Defendants.

Court of Appeals of Oregon.

Decided December 9, 1987.

Reconsideration Denied January 29, 1988.

Attorney(s) appearing for the Case

S. David Eves, Corvallis, argued the cause for appellant. With him on the brief was S. David Eves, P.C., Corvallis.

Robert H. Grant, Medford, argued the cause for respondent. With him on the brief was Grant, Ferguson, Carter, P.C., Medford.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

In this negligence action, plaintiff appeals a summary judgment in favor of defendant. The dispositive issue is whether ORS 12.155(1) applies to Personal Injury Protection payments (PIP) to require a paying insurer to give written notice of when the applicable tort Statute of Limitations will run.1 If it does not, plaintiff's action is barred.

On February 1, 1983, plaintiff was injured when a car driven by defendant...

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