Lind v. Allstate Insurance

Plaintiff seeks reconsideration of our opinion in Lind v. Allstate Ins. Co., 134 Or App 395, 895 P2d 327 (1995). We allow the motion and adhere to our opinion as amplified below.

In our opinion, we held that the arbitration clause in defendant’s uninsured motorist insurance policy was enforceable notwithstanding ORS 742.504(10) 1 because, under the reasoning of Molodyh v. Truck Insurance Exchange, 304 Or 290, 744 P2d 992 (1987), that statute violates Article I, section 17, of the Oregon Constitution. Plaintiff now argues:

“Molodyh is inapplicable because (1) [this] court incorrectly concluded…