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Blanton v. Beiswenger9/15/2004
rmination is defendant-specific, it is immaterial, for purposes of ORS 12.155, whether plaintiff previously had timely commenced an action against Beiswenger.
Our conclusion is consistent with the Supreme Court's statements in Duncan and Dotson that ORS 12.155 was enacted, in part, to prevent insurers who make advance payments from lulling injured persons into believing that they are not required to commence an action within the period of limitations. Even if plaintiff had no reason to believe that Beiswenger would suffer the untimely commencement of an action against her, the same cannot be said of McGrath, who conceded before the trial court that her insurer had made an advance payment to plaintiff and that she had not provided plaintiff with the notice required by ORS 12.155.
Because, as shown by the summary judgment record, McGrath's insurer made an advance payment to plaintiff on August 14, 2001, and failed to provide the notice specified by ORS 12.155, the running of the limitations period was suspended until plaintiff commenced the action against McGrath. Plaintiff timely commenced the action against McGrath by filing and serving the amended complaint.
Reversed and remanded.
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