Case Number: 25SMCP00247 Hearing Date: August 20, 2025 Dept: 207
TENTATIVE RULING
| DEPARTMENT | 207 |
| HEARING DATE | August 20, 2025 |
| CASE NUMBER | 25SMCP00247 |
| MOTION | Motion to Compel Arbitration |
| MOVING PARTY | Plaintiff Alan Gottlieb |
| OPPOSING PARTY | Defendant Geico Insurance Company |
MOTION
This case involves a dispute over the payment of underinsured motorist benefits arising from a pedestrian-versus-motor-vehicle collision.
On May 7, 2025, Plaintiff Alan Gottlieb (“Plaintiff”) filed a petition against Defendant Geico Insurance Company (“Defendant”) to open a case number to establish jurisdiction for purposes of compelling arbitration.
Plaintiff now moves to compel Defendant to arbitration. Defendant opposes the motion and Plaintiff replies.
ANALYSIS
Plaintiff moves to compel Defendant to arbitration, pursuant to Insurance Code section 11580.2, which pertains to uninsured/underinsured motorist insurance policies, and Code of Civil Procedure section 1281.6, which governs the appointment of an arbitrator, pursuant to a written agreement to arbitrate.
Insurance Code section 11580.2, subdivision (a) provides, “No policy of bodily injury liability insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle […] shall be issued or delivered in this state […] unless the policy contains, or has added to it by endorsement, a provision with coverage limits at least equal to the limits specified in subdivision (m) and in no case less than the financial responsibility requirements specified in Section 16056 of the Vehicle Code insuring the insured, the insured’s heirs or legal representative for all sums within the limits that he, she, or they, as the case may be, shall be legally entitled to recover as damages for bodily injury or wrongful death from the owner or operator of an uninsured motor vehicle.”
Subdivision (c) of Section 11580.2 lists various damages and injuries to which such uninsured and underinsured motorist coverage does not apply.
Plaintiff mischaracterizes this subdivision as “establish[ing] a specific arbitration procedure: the insured may send a written ‘demand for arbitration’ to the insurer, identifying three potential arbitrators, after which the insurer must designate its arbitrator within 30 days or risk court appointment.” Further, Plaintiff contends that if the insurer fails to comply, “the court shall appoint” one of the named neutrals. But subdivision (c) contains no such language or provisions:
(c) The insurance coverage provided for in this section does not apply either as primary or as excess coverage:
(1) To property damage sustained by the insured.
(2) To bodily injury of the insured while in or upon or while entering into or alighting from a motor vehicle other than the described motor vehicle if the owner thereof has insurance similar to that provided in this section.
(3) To bodily injury of the insured with respect to which the insured or his or her representative shall, without the written consent of the insurer, make any settlement with or prosecute to judgment any action against any person who may be legally liable therefor.
(4) In any instance where it would inure directly or indirectly to the benefit of any workers’ compensation carrier or to any person qualified as a self-insurer under any workers’ compensation law, or directly to the benefit of the United States, or any state or any political subdivision thereof.
(5) To establish proof of financial responsibility as provided in Section 16054 of the Vehicle Code.
(6) To bodily injury of the insured while occupying a motor vehicle owned by an insured or leased to an insured under a written contract for a period of six months or longer, unless the occupied vehicle is an insured motor vehicle. “Motor vehicle” as used in this paragraph means any self-propelled vehicle.
(7) To bodily injury of the insured when struck by a vehicle owned by an insured, except when the injured insured’s vehicle is being operated, or caused to be operated, by a person without the injured insured’s consent in connection with criminal activity that has been documented in a police report and that the injured insured is not a party to.
(8) To bodily injury of the insured while occupying a motor vehicle rented or leased to the insured for public or livery purposes.
(Ins. Code., § 11580.2, subd. (c).)
Subdivision (h) of Section 11580.2 provides that an insured entitled to recover under the uninsured motorist endorsement or coverage shall be reimbursed without being required to sign any release or waiver of rights; nor shall payment be delayed “or made contingent upon the decisions as to liability or distribution of loss costs under the bodily injury liability insurance or any bond insurance or any bond applicable to the accident.” It further provides for amounts by which the loss payable may be properly reduced.
Plaintiff misquotes subdivision (h) as saying, “[t]he court shall have jurisdiction to enforce the provisions of this section,” including by compelling arbitration or appointing an arbitrator if the insurer refuses. Subdivision (h) contains no such language or provisions:
(h) An insured entitled to recovery under the uninsured motorist endorsement or coverage shall be reimbursed within the conditions stated herein without being required to sign any release or waiver of rights to which he or she may be entitled under any other insurance coverage applicable; nor shall payment under this section to the insured be delayed or made contingent upon the decisions as to liability or distribution of loss costs under other bodily injury liability insurance or any bond applicable to the accident. Any loss payable under the terms of the uninsured motorist endorsement or coverage to or for any person may be reduced:
(1) By the amount paid and the present value of all amounts payable to him or her, his or her executor, administrator, heirs, or legal representative under any workers’ compensation law, exclusive of nonoccupational disability benefits.
(2) By the amount the insured is entitled to recover from any other person insured under the underlying liability insurance policy of which the uninsured motorist endorsement or coverage is a part, including any amounts tendered to the insured as advance payment on behalf of the other person by the insurer providing the underlying liability insurance.
(Ins. Code., § 11580.2, subd. (h).)
Subdivision (f) of Section 11580.2 provides that a disagreement concerning whether the insured is entitled to recover damages, or the amount thereof, shall be determined by arbitration conducted by a single neutral arbitrator. It further provides:
Any demand or petition for arbitration shall contain a declaration, under penalty of perjury, stating whether (i) the insured has a workers’ compensation claim; (ii) the claim has proceeded to findings and award or settlement on all issues reasonably contemplated to be determined in that claim; and (iii) if not, what reasons amounting to good cause are grounds for the arbitration to proceed immediately.
Defendant opposes the motion on the grounds that Plaintiff did not provide any supporting evidence demonstrating that the requirements of subdivision (f) were met. Indeed, Plaintiff has not provided a copy of any arbitration demand or other evidence demonstrating that the requirements were complied with.
CONCLUSION
Therefore, finding Plaintiff has not provided adequate legal authority or factual evidence to support the request, the Court denies Plaintiff’s motion to compel arbitration without prejudice.
Further, on the Court’s own motion, the Court continues the Case Management Conference from September 4, 2025 to November 18, 2025 at 8:30 A.M. in Department 207.
Plaintiff shall provide notice of the Court’s ruling and file the notice with a proof of service forthwith.
DATED: August 20, 2025 ___/s/________________________
Michael E. Whitaker
Judge of the Superior Court