Fisher

Fisher v. State Farm Mutual Automobile Insurance

Good Law
1966 Cal. App. LEXIS 1728·243 Cal. App. 2d 749·52 Cal. Rptr. 721
Court of Appeal of CaliforniaJuly 28, 1966Civ. 28711California2,174 words

Opinion

Opinion

Kaus, J.

•— State Farm Mutual Automobile Insurance Company (“State Farm”) appeals from a judgment entered in conformity with an arbitration award. (Code Civ. Proc., § 1287.4.)

The facts are very simple: State Farm issued an automobile liability policy to William Fisher. It contained the so-called “uninsured motorist coverage” prescribed by section 11580.2 of the Insurance Code. The arbitration agreement contained in the policy under which the subject arbitration was held reads in part as follows: “Arbitration. If any person making claim hereunder and the company do not agree that such person is legally entitled to recover damages from the owner or operator of an uninsured automobile because of bodily injury to the insured, or do not agree as to the amount payable hereunder, then each party shall, upon written demand of either, select a competent and disinterested arbitrator. . . . The arbitrators shall then hear and determine the question or questions so in dispute, and the decision in writing of any two arbitrators shall be binding upon the insured and the company, . . .” (Italics added.)

Without the necessity of judicial prodding the parties proceeded to arbitration. The award, after…

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