Frantz

Frantz v. Inter-Insurance Exchange

Good Law
1964 Cal. App. LEXIS 983·229 Cal. App. 2d 269·40 Cal. Rptr. 218
Court of Appeal of CaliforniaAugust 18, 1964Civ. 21662California3,000 words

Opinion

Opinion

Shoemaker, J.

This is an appeal from a judgment entered upon an arbitrator’s award. The question presented is whether said award ought to have been vacated by reason of the arbitrator’s having improperly admitted a certain sworn statement into evidence.

On August 6,1961, Sandra Frantz, a child two years of age, was struck and injured by an automobile driven by John Salsbury, an uninsured motorist. On the date of the accident, Sandra’s parents were the named insured under a policy of automobile liability insurance issued by the Inter-Insurance Exchange of the Automobile Club of Southern California (henceforth referred to as “the insurer”). Said policy contained an uninsured motorist clause and extended coverage to Sandra Frantz as the minor child of the insured. The policy provided that either the insured or the insurer could demand arbitration, subject to the rules of the American Arbitration Association, in the event they were unable to agree that the insured was legally entitled to recover damages from the owner or operator of an uninsured automobile be cause of bodily injury to said insured. On April 24, 1962, a demand for arbitration was duly made on behalf of Sandra Frantz upon the…

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