State ex rel. Healy v. Maryland Casualty Co.

I agree with the majority holding that the complaints state a cause of action under ORS 59.115(l)(a).

However, I do not agree with the majority holding that the three-year statute of limitations specified in ORS 59.115(5) does not apply to this suit. In my view, the court’s opinion for all practical purposes emasculates the latter section of the statute.

The majority purports to rely upon the Supreme Court decision in Hartford Acc. and Ind. Co. v. Ankeny, 199 Or 310, 261 P2d 387 (1953). However, Ankeny is distinguishable from the case at bar both on its facts and due to a crucial subsequent…