Blankenship

Blankenship v. Allstate Insurance

Good Law
111 Cal. Rptr. 3d 528·186 Cal. App. 4th 87·2010 Cal. App. LEXIS 1014
Court of Appeal of CaliforniaJune 29, 2010C059423California6,102 words

Opinion

Opinion

Nicholson, J.

Although an insured may have made a claim with his uninsured motorist (UM) liability insurance carrier for damages suffered in an auto accident with an uninsured motorist, he may not subsequently file a legal action against his UM insurer unless, within two years after the date of the accident, he first files an action against the uninsured motorist, demands arbitration with his UM insurer, or reaches an agreement with his UM insurer. (Ins. Code, § 11580.2, subd. (i) (hereafter section 11580.2(i)).) If he fails to satisfy one of these conditions within the two-year period, he forfeits his claim against his UM insurer. (Ibid.)

The issue raised in this appeal is whether the insured’s minority excuses noncompliance with the two-year limitations period of Insurance Code section 11580.2(i). We conclude minority does not excuse noncompliance with the limitations period, and we affirm the trial court’s judgment in this matter.

FACTS AND PROCEDURAL HISTORY

The facts are not in dispute. Plaintiff, a minor, did not satisfy any of the preconditions imposed on him by section 11580.2(i) within two years of his accident. He nonetheless filed this petition to compel arbitration…

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