Choi v. Allstate Northbrook Indemnity Company

(Van Nuys Courthouse East: Dept. B) September 2, 2026 DEPARTMENT B LAW AND MOTION RULINGS Attorneys who elect to submit on these published tentative rulings, without making an appearance at the hearing, may so notify the Court by communicating this to the Department's staff before the set hearing time. See, e.g., CRC Rule 324(b).

Choi v. Allstate Northbrook Indemnity Company, Case no. 25VECP00639 Hearing date September 2, 2026 Petitioner Choi's Petition to Compel Arbitration Petitioner Choi filed a petition to compel arbitration against respondent Allstate Northbrook Indemnity Company in this UM/UIM matter. Petitioner alleges he was injured in an automobile accident and demanded arbitration with respondent regarding the extent and terms of petitioner's UM/UIM coverage. Respondent opposes, arguing threshold issues of policy limits must be judicially determined before arbitration occurs.

A petition to compel arbitration is governed by Code Civ. Proc. Sec.1281.2. Per section 1281, a written agreement to submit to arbitration any controversy arising between the parties is valid, enforceable and irrevocable, except upon grounds that exist for the revocation of any contract. Per Ins. Code Sec.11580.2(f), disputes regarding UM/UIM claims are subject to mandatory arbitration. However, section 11580.2(f) limits mandatory arbitration to determination of whether the insured is legally entitled to recover damages from the uninsured/underinsured motorist and, if so, the amount of damages.

Section 11580.2(f) does not require arbitration of disputes regarding coverage, policy interpretation, policy limits or existence of coverage. Petitioner had a policy with respondent; at issue is the extent of UM/UIM coverage under that policy. Petitioner alleges policy limits of $50,000/$100,000. See Pet., para.

8. Respondent produced documentation in response to petitioner's demand, indicating petitioner's coverage limits were $15,000/$30,000. Id. at para. 8, exhs. B-F. The California Supreme Court held Ins. Code Sec.11580.2 requires arbitration of only two issues: "(1) whether the insured is entitled to recover against the uninsured motorist and (2) if so, the amount of damages." Freeman v. State Farm Mut. Auto. Ins. Co. (1975) 14 Cal.3d 473, 480-481. Questions concerning coverage remain matters for judicial determination. Id. The petition states the issue is not existence of coverage nor the amount of damages, but the terms of petitioner's policy and the limits of coverage. This is an issue for judicial determination, not subject to arbitration. See Bouton v. USAA Casualty Ins. Co. (2008) 43 Cal.4th 1190. DENIED. | Home -->)" -->