Pelger

Plaintiff Robert Pelger was the insured under an automobile liability insurance policy written by defendant California Casualty Indemnity Company (the insurance company). The policy furnished uninsured motorist coverage (see Ins. Code, § 11580.2), and generally provided for arbitration of disputes thereunder.

Pelger allegedly suffered personal injuries and damages proximately caused by the negligence of an uninsured motorist. Apparently because of a dispute whether the policy’s coverage was $15,000 or $50,000 he filed, in the superior court, a petition to compel arbitration. The court thereafter ordered such arbitration, except: “That the question of the amount of the policy limits of the uninsured motorist coverage issued by [the insurance company] covering the [insured] is to be reserved to the Court.” The exception was ordered over Pelger’s objection.

The arbitrator determined, as relevant, that the uninsured motorist was liable to Pelger for $27,973. He, of course, made no determination as to “the amount of the policy limits of the uninsured motorist coverage.. .. ”

Back in the superior court, Pelger sought “an order confirming the arbitrator[’]s” award, and…