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BONDS v. FARMERS INS. CO. OF OREGON

051213375; A134011.

205 P.3d 45 (2009)

227 Or. App. 185

Robert BONDS, Plaintiff-Respondent, v. FARMERS INSURANCE COMPANY OF OREGON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 1, 2009.

Attorney(s) appearing for the Case

Thomas M. Christ, Portland, argued the cause for appellant. With him on the briefs were Julie A. Smith and Cosgrave Vergeer Kester LLP.

Joel S. DeVore, Eugene, argued the cause for respondent. With him on the brief was Luvaas Cobb.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

SCHUMAN, J.

In this case, we must decide whether defendant, Farmers Insurance Company, "formally instituted arbitration proceedings," ORS 742.504(12)(a)(B), by sending to plaintiff, its insured, a letter stating, "Should we disagree on the liability/damages owed by the underinsured motorist, [defendant] consents to submit this matter to binding arbitration," and then notifying plaintiff that it did, in fact, disagree on damages. The trial court ruled that the letter...

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