Anderson v. State Farm Mutual Auto Insurance

Plaintiff appeals from a judgment dismissing his case against defendant insurer on the ground that “there is another action pending between the same parties for the same cause.” ORCP 21 A(3). Plaintiff challenges the dismissal on several grounds, including that defendant failed to comply with the conferral and certification requirements mandated in UTCR 5.010(1) and (3). We agree that defendant’s violation of UTCR 5.010 compelled the denial of its motion to dismiss pursuant to ORCP 21 A(3). Accordingly, we reverse and remand. 1

This case arises from a 1998 automobile accident in which…