Van Tassel v. Superior Court

Opinion

McCOMB, J.

Petitioner seeks a writ of prohibition restraining respondent court from enforcing a preliminary injunction and from proceeding further with an action filed by real party in interest for a permanent injunction and declaratory relief.

Facts:

Petitioner is the mother of Pamela Parrish, who was killed in an accident while riding in an automobile owned by Arnold Wiebe, Inc., and leased to Caruthers Union High School District. The other motor vehicle involved in the accident was uninsured.

Kenneth Van Tassel, the husband of petitioner, and the stepfather of Pamela, was the named insured under a policy, which included uninsured motorist coverage, issued by real party in interest. Under the policy, the “named insured” includes the insured’s spouse if a resident of the same household, and the unqualified word “insured” includes the relatives of the named insured while residents of the same household as the named insured. A factual question exists as to whether Pamela was a resident of the same household as her mother and her stepfather, the named insured.

Under the policy, the insurer is obligated to pay “all damages which the insured becomes legally entitled to recover from the owner or operator of an uninsured automobile because of

bodily injury sustained by the in

[626]

sured,

caused by accident, and arising out of the ownership, maintenance or use of such automobile; provided that (1) determination as to whether the insured is legally entitled to recover such damages, and (if so entitled) the amount thereof, shall be made by agreement between the insured and the Company

or, in the event of disagreement, by arbitration

. . . (Italics added.)

Real party in interest filed an action in respondent court seeking to enjoin petitioner from arbitrating her claim that Pamela was covered under the uninsured motorist provision contained in its policy and that it was therefore liable for damages resulting from Pamela’s death. Respondent court issued a preliminary injunction enjoining petitioner from proceeding to arbitration. Following denial by the Court of Appeal of petitioner’s petition for a writ of prohibition, this court granted a hearing and issued an alternative writ restraining any action relating to the injunction enjoining arbitration until further order of this court.