Gefrich

Beatrice Gefrich appeals from an order denying her petition to compel arbitration of a claim against State Farm Mutual Automobile Insurance Company, a corporation, under the uninsured motor vehicle coverage provisions of her automobile liability policy. The appeal lies. (Code Civ. Proc., § 1294, subd. (a).)

*502 On April 23, 1973, Gefrich suffered personal injuries in an automobile accident involving an uninsured motorist. She filed a timely action against the motorist for damages on March 20, 1974. 1 On January 16, 1979, the instant petition was filed. On April 3, 1979, it was denied, presumably upon the ground that the demand for arbitration was first made more than four years after the action for damages was filed and was therefore barred by the statute of limitations. (Code Civ. Proc., § 337.) (See California State Auto. Assn. Inter-Ins. Bureau v. Cohen (1975) 44 Cal.App.3d 387, 395 [ 118 Cal.Rptr. 890 ].)

Contention

Conceding the foregoing, Gefrich contends on appeal that the statute of limitations was tolled because State Farm failed to give her notice of the applicable statute of limitations as required by the Insurance Code. We agree and for reasons to follow…

I dissent.

Insurance Code section 11580.2, subdivision (k), obviously is intended to guarantee an insured the opportunity: (1) to preserve his claim against the uninsured motorist by filing suit within one year, and (2) to cause accrual of his cause of action against the insurer pursuant to section 11580.2, subdivision (i), by so filing, agreeing as to the amount of the damages or formally instituting arbitration proceedings. Because of the shortness of the time limitation involved (one year) and the likelihood that an insured making such claim may initially be unrepresented by counsel, the notice required by subdivision (k) is necessary to protect insureds from the loss of their rights.

However, once the insured’s rights against the uninsured motorist have been so preserved and his cause of action against the insurer caused to accrue by any of the three means specified in subdivision (i), the purpose of subdivision (k) has been fully served. If suit has been brought or formal arbitration proceedings instituted, the insured is either represented by counsel or has taken responsibility for knowing the applicable statute of limitation by acting as his own attorney.

Furthermore,…

Beatrice Gefrich appeals from an order denying her petition to compel arbitration of a claim against State Farm Mutual Automobile Insurance Company, a corporation, under the uninsured motor vehicle coverage provisions of her automobile liability policy. The appeal lies. (Code Civ. Proc., § 1294, subd. (a).)

On April 23, 1973, Gefrich suffered personal injuries in an automobile accident involving an uninsured motorist. She filed a timely action against the motorist for damages on March 20, 1974. [1] On January 16, 1979, the instant petition was filed. On April 3, 1979, it was denied, presumably upon the ground that the demand for arbitration was first made more than four years after the action for damages was filed and was therefore barred by the statute of limitations. (Code Civ. Proc., § 337.) (See California State Auto. Assn. Inter-Ins. Bureau v. Cohen (1975) 44 Cal. App.3d 387, 395 [ 118 Cal. Rptr. 890 ].)

(1) Conceding the foregoing, Gefrich contends on appeal that the statute of limitations was tolled because State Farm failed to give her notice of the applicable statute of limitations as required by the Insurance Code. We agree and for reasons to…