Santangelo

Christy Santangelo appeals from the trial court’s order denying her petition to compel arbitration against Allstate Insurance Company (Allstate). She contends the trial court erred in concluding she lost the right to arbitrate by failing to conclude arbitration within five years of initiating arbitration, pursuant to Insurance Code section 11580.2, subdivision (i), (hereafter, section 11580.2(i); further statutory references are to the Insurance Code unless otherwise stated). Appellant claims this was an improper retroactive application of a new statute enacted while her case was pending. We shall affirm the trial court’s order.

Factual and Procedural Background

On March 3, 1990, appellant (then age 11) was a passenger in a vehicle driven by nonparty Doris Preston which was involved in a motor vehicle accident with an uninsured motorist. Appellant seeks to recover under the uninsured motorist provision of Ms. Preston’s insurance policy with Allstate.

On March 4, 1991, appellant instituted uninsured motorist arbitration with Allstate. Her attorney’s letter to Allstate stated in part; “[W]e agreed in order to protect my client’s uninsured motorist claim that I would have…