Bouton

Bouton v. USAA Cas. Ins. Co.

Good Law
145 Cal. App. 4th 1441·2006 Cal. App. LEXIS 2027·2006 Daily Journal DAR 16616·52 Cal. Rptr. 3d 551·2006 Cal. Daily Op. Serv. 11775
Court of Appeal of CaliforniaDecember 21, 2006D048522California4,276 words

Opinion

Opinion

McDONALD, J.

Lloyd Bouton (Bouton) appeals an order denying his petition to compel arbitration of his claim against USAA Casualty Insurance Company (USAA) for underinsured motorist benefits under the automobile insurance policy USAA issued to his sister. Apparently alternatively, Bouton also appeals an order granting USAA's motion to strike Bouton's subsequently filed amended complaint that alleged causes of action for declaratory relief and breach of that insurance policy. On appeal, Bouton contends the trial court erred by denying his petition to compel arbitration because: (1) the dispute whether he is an insured under USAA's policy is required to be arbitrated pursuant to Insurance Code section 11580.2, subdivision (f), [1] as interpreted by Van Tassel v. Superior Court (1974) 12 Cal.3d 624 , 116 Cal.Rptr. 505 , 526 P.2d 969 ( Van Tassel ); and (2) the undisputed facts show he is an insured under USAA's policy entitled to arbitration of his claim. Bouton also contends the trial court erred in granting USAA's motion to strike his amended complaint because: (1) the court had jurisdiction over the parties and controversy and had a duty to decide all matters before it; (2) if the…

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