Sanderson v. Allstate Insurance

Defendant insurer appeals from a judgment awarding underinsured motorist (UIM) benefits to plaintiff, its insured, based on stipulated facts following the trial court’s denial of defendant’s motion to dismiss plaintiffs claim for noncompliance with ORS 742.504(12)(a)-(c) (1993). Specifically, defendant contends that plaintiffs failure to institute formal arbitration proceedings within two years from the date of the underinsured accident barred plaintiffs action for UIM benefits. ORS 742.504(12)(c). We affirm.

The trial court’s judgment was based on the following written stipulation of the…