PATON v. AMERICAN FAMILY MUT. INS. CO.

100100486; A148220.

302 P.3d 1204 (2013)

256 Or. App. 607

Craig F. PATON, Plaintiff-Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Oregon.

Decided May 15, 2013.


Attorney(s) appearing for the Case

Michael N. Gutzler , Portland, argued the cause and filed the brief for appellant.

R. Daniel Lindahl , Portland, argued the cause for respondent. With him on the brief were Lindahl Law Firm, PC, and Gretchen L. Mandekor and Mandekor Lewis, LLC.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.


SERCOMBE, J.

Under ORS 742.504(12)(a), a plaintiff's underinsured motorist (UIM) claim against an insurer does not accrue unless at least one of the events specified in ORS 742.504(12)(a)(A) to (D) occurs within two years from the date of the accident.1 As relevant here, one of those events that can lead to claim accrual is that "[t]he insured or the insurer has formally instituted arbitration proceedings[.]" ORS 742.504(12)(a)(B). The...

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