Felner

Felner v. Meritplan Insurance

Good Law
1970 Cal. App. LEXIS 1357·6 Cal. App. 3d 540·86 Cal. Rptr. 178
Court of Appeal of CaliforniaApril 13, 1970Civ. No. 34758California2,283 words

Opinion

Lead Opinion

Fleming, J.

Meritplan Insurance appeals a superior court judgment confirming an arbitration award of $4,100 in favor of the Felners, an award based on the uninsured motorist coverage of their liability insurance policy.

At the arbitration hearing Meritplan disclaimed liability under the policy, claiming that no physical contact had occurred between the Felner automobile and the unidentified automobile which caused the accident and therefore the uninsured motorist coverage of the policy did not apply. Both sides presented evidence on this issue, and the arbitrator decided in favor of the Felners, finding that physical contact between vehicles had occurred. *543 Meritplan, in opposing confirmation of the arbitration award in the superior court, contended the court should conduct a new evidentiary hearing on the issue of physical contact, but the court rejected this contention and affirmed the award. On appeal, Meritplan argues procedural error because the superior court refused an evidentiary hearing on the issue of physical contact.

Section 11580.2 of the Insurance Code requires a motor vehicle liability insurance policy to provide coverage for injuries to the insured caused by an…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.