Allstate Insurance v. Orlando

In a declaratory relief action, the trial court entered a judgment in favor of plaintiff Allstate Insurance Company, a corporation, and against defendant Valerie Orlando declaring that she had no right to recover under the uninsured motorist clause of her father’s automobile insurance policy because of her failure to file a timely demand for arbitration under section 11580.2, subdivision (h), of the Insurance Code. She appeals from the judgment.

The issues are: (1) Do the provisions of section 11580.2, subdivision (h) '(hereafter "section “h”) apply to a minor’s claim upon a- policy issued prior-to the effective date of said section where the accident occurred after the effective date of the statute ? (2)' Does the arbitration award constitute a bar to the judicial determination of the first issue ?

We have concluded that the first question should be answered, “yes” and the second question, “no” for the reasons shortly to be stated.

Factual and Pbocedubal Background

The material facts are not in dispute. In July of 1961, plaintiff Allstate Insurance Company, a corporation, (hereafter Allstate), issued an automobile public liability insurance policy to Vincent Orlando, the…