Baker v. Kennedy

The issue in this case is: If the liability insurer of a defendant in a civil action for personal injury and property damage makes an advance payment for property damage and does not provide written notice of the date on which the statute of limitations expires for commencement of a civil action for damages, is the applicable statute of limitations tolled? The trial court said “no.” The Court of Appeals said “yes.” Baker v. Kennedy, 115 Or App 360, 838 P2d 634 (1992). We now affirm the decision of the Court of Appeals and remand to the trial court.

Under ORS 12.155,1 if a defendant’s insurer…