2015 ORS 31.550¹
"Advance payment" defined

As used in ORS 12.155 (Effect of notice of advance payment on running of period of limitation) and 31.550 ("Advance payment" defined) to 31.565 (Advance payment for property damage not admission of liability), "advance payment" means compensation for the injury or death of a person or the injury or destruction of property prior to the determination of legal liability therefor. [Formerly 18.500]

(formerly 18.500 to 18.530)

Notes of Decisions

Advance pay­ment by an insurer for prop­erty damage, made without giving notice of the expira­tion date for per­sonal injury claim arising out of the same accident, suspends the opera­tion of the statute of limita­tions as to the per­sonal injury claim. Duncan v. Dubin, 276 Or 631, 556 P2d 105 (1976)

Pay­ment made by defendant's insurer to plaintiffs' car rental company prior to judg­ment is "advance pay­ment" and, where made without re­quired notice, tolls statute of limita­tions on plaintiffs' per­sonal injury ac­tion. Anais v. Dias, 70 Or App 478, 689 P2d 1011 (1984), Sup Ct review denied


1 Legislative Counsel Committee, CHAPTER 31—Tort Actions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors031.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 31, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano031.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.