Workman

By petition for mandate, an insured claimant in nonjudicial arbitration proceedings against her insurer seeks to compel the respondent court to vacate its order relieving the carrier from its default in failing to timely serve responses to claimant’s requests for admissions.

The petition presents important questions concerning section 2033, subdivision (a) of the Code of Civil Procedure and its application to nonjudicial arbitrations of uninsured motorist claims.

I

When and upon whom may a claimant in nonjudicial arbitration serve requests for admissions?

II

Is the 30-day period for seeking relief from default, specified in section 2033, jurisdictional or is a void request for admissions subject to attack at any time?

III

The facts are simple and not in dispute. Petitioner was injured in an automobile accident in May 1983. She retained counsel and filed civil action against the other motorist but later discovered the defendant to be uninsured. Petitioner’s counsel contacted her insurance carrier concerning uninsured motorist coverage, and the claims adjuster forwarded a claim form. After presenting a claim and corresponding with Great American Insurance Company…