BONDS v. FARMERS INS. CO.

(CC 051213375; CA A134011; SC S057422).

240 P.3d 1086 (2010)

349 Or. 152

Robert BONDS, Petitioner on Review, v. FARMERS INSURANCE COMPANY OF OREGON, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided October 14, 2010.


Attorney(s) appearing for the Case

Joel S. DeVore , Luvaas Cobb , Eugene, argued the cause and filed the brief for petitioner on review.

Thomas M. Christ , Cosgrave Vergeer Kester LLP, Portland, argued the cause and filed the brief for respondent on review.

Meagan A. Flynn , Portland, filed a brief for amicus curiae Oregon Trial Lawyers Association.


WALTERS, J.

In this case, we decide that, to "formally institute arbitration," and thereby satisfy the timelines set forth in ORS 742.504(12)(a)(B) and maintain a claim for underinsured motorist (UIM) benefits, an insured or an insurer must expressly communicate to the other party that the initiating party is beginning the process of arbitrating a dispute. We further decide that two letters written by defendant to plaintiff in this case did not meet that standard...

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