Bonds v. Farmers Insurance

The question before the court is whether defendant, through two letters to plaintiffs lawyer, “formally instituted arbitration proceedings” under ORS 742.504(12)(a)(B).1 If defendant did so, then the trial court correctly compelled defendant to participate in arbitration regarding plaintiffs underinsured motorist coverage (UIM) claim. If defendant did not do so, then the trial court erred in requiring the parties to arbitrate their dispute. The majority adopts the latter conclusion. I respectfully disagree.

Before addressing the majority’s answer to that ultimate question, I turn first to…