Bonds v. Farmers Insurance

*154WALTERS, J.

In this case, we decide that, to “formally institute arbitration,” and thereby satisfy the timelines set forth in ORS 742.504(12)(a)(B) and maintain a claim for under-insured motorist (UIM) benefits, an insured or an insurer must expressly communicate to the other party that the initiating party is beginning the process of arbitrating a dispute. We further decide that two letters written by defendant to plaintiff in this case did not meet that standard and that plaintiffs claim for UIM benefits is therefore time-barred.

On July 2, 2003, plaintiff was injured in an automobile…