Gustafson

Appellant Cheryl Gustafson petitioned the trial court for an order compelling arbitration pursuant to the provisions of Code of Civil Procedure section 1281.2. She also sought appointment of an arbitrator.

Appellant alleged a written contract of automobile insurance entered into by one Patrick McGinnis and respondent herein, State Farm Mutual Automobile Insurance Company. The contract included “an insuring agreement (Section III) for damages for bodily injury caused by Uninsured Motor Vehicles," and a provision “for Medical Payment Coverage under insuring agreement Section I.”

Appellant alleged that she “sustained bodily injury caused by an uninsured motorist while she was occupying a vehicle owned by said Patrick McGinnis and insured by said ‘Company’,” that is, respondent, State Farm. Appellant alleged that she received certain compensation from respondent pursuant to the medical payments provision of the policy but that respondent “refuses to pay for Petitioner’s damages pursuant to Section III," the section covering bodily injury caused by uninsured motor vehicles. Appellant alleged that the policy provided for “arbitration of any controversy arising out of the…