Hoyt v. Paulos

The issue in this case involves timeliness, for statute of limitation purposes, of service of summons and complaint on a defendant through service on the Motor Vehicles Division. Do the ORCP provisions concerning mailing of a copy of summons to a defendant’s insurer amend or override ORS 12.020, the statutory definition of when an action is deemed commenced for statute of limitations purposes? Does ORCP 7 D(2)(d), 1 which requires that service of summons be by certified or registered mail, apply to mailing of a copy of a summons and complaint to a defendant’s insurer under ORCP 7 D(4)(a)? 2…