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SANDERSON v. ALLSTATE INS. CO.

(97-3069-L-3; CA A104390)

989 P.2d 486 (1999)

164 Or. App. 58

Suzanne Ellen SANDERSON, Respondent, v. ALLSTATE INSURANCE COMPANY, Appellant.

Court of Appeals of Oregon.

Decided November 3, 1999.

Attorney(s) appearing for the Case

Tracy M. McGovern, Jacksonville, argued the cause for appellant. With her on the briefs was Frohnmayer, Deatherage, Pratt, Jamieson, Clarke & Moore, P.C., Ashland.

David deVilleneuve, Medford, argued the cause for respondent. With him on the brief was Dwyer Simpson Attorneys, P.C.

Before LINDER, Presiding Judge, and BREWER, Judge, and WARREN, Senior Judge.

BREWER, J.

Defendant insurer appeals from a judgment awarding underinsured motorist (UIM) benefits to plaintiff, its insured, based on stipulated facts following the trial court's denial of defendant's motion to dismiss plaintiff's claim for noncompliance with ORS 742.504(12)(a)-(c) (1993).1 Specifically, defendant contends that plaintiff's failure to institute formal arbitration proceedings within two years from the date of the underinsured...

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