Moore v. Mutual of Enumclaw Insurance

Defendant petitions for review of our opinion reversing the trial court’s grant of summary judgment in its favor and remanding the case for trial. 113 Or App 574, 833 P2d 1310 (1992). We allow the petition, modify our opinion but adhere to it.

Plaintiff sued to collect proceeds payable under an insurance policy issued by defendant. The trial court ruled that plaintiffs action was not commenced within the 12-month period provided in the policy. We reversed, concluding that questions of fact remained regarding whether defendant had waived the limitation period by its conduct. 113 Or App at 579.

In…