Craft

Craft v. State Farm Mutual Automobile Insurance

Good Law
14 Cal. App. 4th 1284·18 Cal. Rptr. 2d 293·1993 Cal. App. LEXIS 371·93 Daily Journal DAR 4473·93 Cal. Daily Op. Serv. 2629
Court of Appeal of CaliforniaApril 8, 1993F018132California2,770 words

Opinion

Opinion

Martin, J.

Plaintiff insured appeals from an order denying her petition to compel arbitration of uninsured motorist claim. (Code Civ. Proc., § 1294, subd. (a); Ins. Code, § 11580.2, subd. (f).)

Facts

In 1989, plaintiff and her grandfather, Bryson Russell, purchased a 1987 Mazda pickup truck. On April 7, 1989, Russell contacted Steven Kennedy, a State Farm agent in Taft, California, and applied for insurance on the pickup truck. State Farm issued insurance policy No. 861 7569-D07-75, to Russell and plaintiff as named insureds. The policy period ran from April 7, 1989, through October 7, 1989, and provided bodily injury and property damage liability coverage. When Russell applied for the policy, he executed a California uninsured motor vehicle coverage rejection form. That form expressly rejected and deleted such coverage from the policy of insurance. (Ins. Code, § 11580.2, subds. (a), (m).)

On March 26, 1990, Russell transferred his ownership interest in the vehicle to plaintiff. In conjunction with this transfer, Russell contacted Agent Kennedy to change the policy over to plaintiff as the sole named insured. On April 5, 1990, State Farm issued policy No. 861 7569-D07-75B with…

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