Cothron

Cothron v. Interinsurance Exchange

Good Law
103 Cal. App. 3d 853·163 Cal. Rptr. 240·1980 Cal. App. LEXIS 1631
Court of Appeal of CaliforniaMarch 27, 1980Civ. 56469California3,074 words

Opinion

Opinion

Gale, J.

Appellant, Lonny Cothron, was a claimant in arbitration No. 72 20 1905 77 instituted against respondent, Interinsurance Exchange of the Automobile Club of Southern California. The arbitration was predicated upon the uninsured motorist provisions of policy No. N 847183, issued by respondent to appellant as the insured, and was held before John D. Holland, Esq., as arbitrator. The arbitrator made his award and appellant filed his petition in the superior court to vacate the award. Appellant appeals from a “judgment” against him and in favor of respondent which provides: “The Petition to Vacate the Arbitrator’s Award is hereby denied and the Arbitrator’s Award shall remain in full force and effect.”

Facts

Appellant was injured in an automobile accident on May 2, 1976. The other vehicle involved in the collision was driven by an uninsured motorist. On November 2, 1977, appellant filed a claim in arbitration with the American Arbitration Association claiming under the uninsured motorist provisions of the policy. Prior to hearing in the arbitration, appellant as claimant in the arbitration filed a trial brief in which he asserted: “The damages to be awarded by the arbitrator…

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