Baker v. Kennedy

Plaintiff appeals from a summary judgment for defendant. ORCP 47. The issue is whether the Statute of Limitations on plaintiffs personal injury claim was suspended when defendant’s insurance company paid plaintiffs property damage without giving notice to plaintiff of the Statute of Limitations.1 We reverse.

This action arises from an automobile accident that occurred on August 26,1988. The applicable Statute of Limitations is two years. ORS 12.110(1). Plaintiff negotiated with defendant’s insurer, Farmers Insurance Co. (Farmers), which paid plaintiff her property damage. Farmers did not…