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BAKER v. KENNEDY

CC 90-2723-L-1; CA A68425; SC S39737.

856 P.2d 314 (1993)

317 Or. 372

Karen M. BAKER, Respondent on Review, v. James P. KENNEDY, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided August 12, 1993.

Attorney(s) appearing for the Case

Larry B. Workman, of Frohnmayer, Deatherage, Pratt, Jamieson & Turner, P.C., Medford, filed the petition and argued the cause for petitioner on review.

Richard L. Grant, Eugene, argued the cause for respondent on review. Michael Strooband, of Bischoff & Strooband, P.C., Eugene, filed a response.

CARSON, Chief Justice.

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, ...

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