Lindsey v. Farmers Insurance

Plaintiff is defendant’s insured under a motor vehicle insurance policy. She appeals from a judgment dismissing her action based on the uninsured motorist (UM) coverage provision of her policy, following defendant’s motion for summary judgment. ORCP 47. She assigns error to the trial court’s interpretation of ORS 742.504(12)(a)(D), which her policy incorporates. The trial court held that the statute requires that plaintiff must have both filed an action against the uninsured motorist involved in the accident and obtained service of process on the motorist to maintain her claim against…