Chrisman
Chrisman v. Superior Court
Opinion
Opinion
Work, J.
We grant Leroy and Joseph Chrisman’s petition for a writ of prohibition and mandate to prohibit the superior court from requiring a de novo trial of their underinsured motorist claim and to direct the court to confirm an arbitration award obtained on the underinsured motorist claim against their insurer General Accident Insurance Company (General). We hold the state’s statutory scheme guarantees insureds who incur damages from underinsured motorists the same binding arbitration rights as those available to ««insured motorists pursuant to Insurance Code section 11580.2 and issue the writ.
I
On February 10,1985, Joseph Chrisman was involved in an auto collision while insured with General under a policy obtained by his father Leroy. Joseph settled with the other driver to the collision for the policy limits of $50,000. The Chrismans then filed a claim with General for the difference between the $50,000 received and the actual amount of damages, up to the $100,000 limit of their policy. This issue was arbitrated and the arbitrator found General owed $60,000. General then filed an action seeking a de novo hearing on the issue before the superior court or, at minimum, to have…