Arrasmith

Plaintiff appeals from an order denying his petition to compel arbitration of an underinsured motorist insurance claim. The trial court concluded the claim is barred by the statute of limitations set forth in Insurance Code section 11580.2, subdivision (i). (Further statutory references to sections of an undesignated code are to the Insurance Code.) Plaintiff contends this limitation period is inapplicable to underinsuted motorist claims and, at any rate, defendant is estopped to raise this defense. We shall affirm.

I

“Unless otherwise agreed in writing, ‘[e]very policy of auto insurance in this state must provide uninsured motorist coverage equal to or greater than that required by Insurance Code section 11580.2.’ [Citation.] Section 11580.2, subdivision (b) defines ‘uninsured motor vehicle’ to include one with respect to which there is no bodily injury liability insurance, and one which is ‘underinsured’ as defined in subdivision (p) of that section. Section 11580.2, subdivision (p)(2) defines an ‘underinsured motor vehicle’ as one ‘insured for an amount that is less than the uninsured motorist limits carried’ by the injured person.” (Holcomb v. Hartford Casualty Ins.…