Smith v. Riker

In this negligence action, plaintiff appeals a summary judgment in favor of defendant. The dispositive issue is whether ORS 12.155(1) applies to Personal Injury Protection payments (PIP) to require a paying insurer to give written notice of when the applicable tort Statute of Limitations will run. 1 If it does not, plaintiffs action is barred.

On February 1,1983, plaintiff was injured when a car driven by defendant, in which plaintiff was a passenger, collided with a school bus. Defendant was insured under her parents’ State Farm Insurance (State Farm) policy. State Farm paid plaintiff under…