 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Bullard v. California State Automobile Association5/10/2005
CERTIFIED FOR PARTIAL PUBLICATION
On June 16, 2002, plaintiffs Lee and Nina Bullard (the Bullards) were injured in a rear-end collision. The driver of the pick-up truck that struck their car was uninsured. The trial court denied the Bullards' petition to compel defendant California State Automobile Association (CSAA) to arbitrate the claim under the Bullards' uninsured motorist policy, concluding, among other things, that the petition was untimely under the provisions of Insurance Code section 11580.2 applicable at the time.
On appeal, the Bullards argue they are entitled to reversal because: (1) the 2003 amendment to section 11580.2, subdivision (i), effective January 1, 2004, applies retroactively; (2) the 2003 amendment to Code of Civil Procedure section 335.1 extended the limitations period in former section 11580.2, subdivision (i) from one year to two years by implication; (3) the court erred in finding there was no factual basis for estoppel; and (4) the trial court abused its discretion under Code of Civil Procedure section 473 in permitting CSAA to file its opposition to the Bullards' petition to compel arbitration after the statutory deadline. We shall affirm the order.
FACTUAL AND PROCEDURAL BACKGROUND
The Bullards were injured on June 16, 2002, when a pick-up truck driven by Michael Hall (Hall) struck their Lincoln sedan from behind. The Bullards were insured under an automobile liability policy issued by CSAA which included uninsured motorist coverage.
The relevant provision of the Bullards' insurance policy appears under the heading "Arbitration":
"If an insured person makes a claim under this Part and we do not agree that such person is legally entitled to recover damages from the owner or operator of an uninsured motor vehicle because of bodily injury to such insured person, or, if so entitled, do not agree as to the amount, then either party, on written demand of the other, shall . . . institute arbitration proceedings as provided in Section 11580.2 and the following sections of the Insurance Code of the State of California. . . ."
After discovering that Hall was uninsured, the Bullards notified CSAA by letter dated February 10, 2003, that they intended to pursue an uninsured motorist claim. The letter did not mention arbitration. CSAA assigned the claim to Sue Lowry.
Lowry contacted the office of the Bullards' attorneys several times between April and June 2003. On April 23, 2003, Lowry spoke with paralegal Michaela Fossum. In part of that conversation, Lowry informed Fossum that the two-year statute of limitations did not apply. In response, Fossum indicated that the law office had already submitted an arbitration demand. Fossum stated in her declaration that "Lowry remained silent" and ended the telephone conversation.
Lowry had a different recollection of this conversation. She did not dispute that the conversation took place, but did not recall that Fossum told her the law office had already sent a written demand for arbitration. Had the Bullards made such a demand, Lowry would have forwarded the file to the litigation department in accordance with CSAA policy.
In June 2003, Lowry received a demand for settlement from the Bullards and spoke with Fossum. On June 18, 2003, Lowry contacted the Bullards' attorney, Arthur Morgan, in connection with their settlement demand. She asked him if the Bullards had filed suit against Hall. Morgan indicated that no lawsuit had been filed. He told Lowry he believed that the statute of limitations was two years from the date of the accident. Lowry responded that the statute of limitations was one year for first party claims.
Page 1 2 3 4 5 6 7 8 9 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|