Bouton

We reconsider this appeal on remand from the California Supreme Court after its decision in Bouton v. USAA Casualty Ins. Co. (2008) 43 Cal.4th 1190 [ 78 Cal.Rptr.3d 519 , 186 P.3d 1 ] (Bouton). Lloyd 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 his subsequently filed amended complaint that alleged causes of action for declaratory relief and breach of that insurance policy. In his initial appellant’s brief, Bouton contended 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), as interpreted by Van Tassel v. Superior Court (1974) 12 Cal.3d 624 [ 116 Cal.Rptr. 505 , 526 P.2d 969 ]; and (2) the undisputed facts show he is an insured under USAA’s policy entitled to arbitration of his claim. Bouton also contended the trial court erred in…