Luka v. Tri-County Metropolitan Transportation District

The issue in this case, which the Supreme Court remanded to us for reconsideration in light of Bonds v. Farmers Ins. Co., 349 Or 152, 240 P3d 1086 (2010), is whether plaintiff “formally instituted arbitration proceedings” as required in order to toll the statute of limitations, ORS 742.504(12)(a), 1 on her uninsured motorist claim. In Bonds, the Supreme Court held that, “to ‘formally institute’ arbitration proceedings, an insured or an insurer must expressly communicate to the other party that the initiating party offers to arbitrate or otherwise commits to the arbitration process.” Bonds,…