Ben Rybke Co. v. Royal Globe Insurance

The majority concludes that the tolling effect of ORS 12.155 applies when advance payments are made by insurers to third party claimants, but does not apply when insurers make advance payments to their own insureds. In my opinion, the statute is applicable in both situations, and I therefore dissent.

In reaching its conclusion, the majority examines or touches on the following factors: (1) the language of ORS 12.155 and of other Oregon advance payment statutes; (2) the purposes of and the public policy considerations underlying the statutes; (3) a Supreme Court decision which interpreted ORS…