Paton v. American Family Mutual Insurance

Under ORS 742.504(12)(a), a plaintiff’s under-insured 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 issue in this case is whether defendant, an insurer, “formally instituted” arbitration proceedings within two years of the accident such that plaintiff’s UIM claim…