Lanois

Lanois v. Employers Fire Ins. Co. CA2/1

Good Law
Court of Appeal of CaliforniaJanuary 9, 2015B251403California2,032 words

Opinion

Opinion

Chaney, J.

BACKGROUND

This arbitration concerns a coverage dispute between Employers and its insured, plaintiff Daniel Lanois, arising out of a motorcycle accident. On June 4, 2010, Lanois was driving a motorcycle through an intersection, with plaintiff Keisha Kalfin riding as his passenger, when he swerved out of the way to avoid an oncoming sport utility vehicle (SUV) proceeding into his lane at the start of a left turn. The motorcycle struck a metal telephone box and Lanois and Kalfin flew off of the motorcycle and landed on the ground in a parking lot, each sustaining serious injuries. The insurer for the SUV driver paid Lanois and Kalfin each $25,000, the limits of the $50,000 policy. Lanois and Kalfin (collectively referred to as “plaintiffs”) demanded payment from Employers under Lanois’s underinsured motorist coverage, which had a policy limit of $1 million. After plaintiffs filed a petition to compel arbitration, Employers agreed to arbitrate the dispute. The parties selected the Hon. Patricia L. Collins, retired, of ADR Services, Inc. as the arbitrator. Prior to the arbitration, the parties agreed Employers’ maximum liability under Lanois’s underinsured motorist coverage was…

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