Judge: Andrew E. Cooper, Case: 25CHCP00007, Date: 2025-05-12 Tentative Ruling

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Case Number: 25CHCP00007    Hearing Date: May 12, 2025    Dept: F51

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F-51

MOTION TO COMPEL ARBITRATION

Motion Filed: 1/24/25

MOVING PARTY: Petitioner Wayne Bernard Witherspoon

RESPONDING PARTY: None

NOTICE: OK 

RELIEF REQUESTED: An order compelling arbitration

TENTATIVE RULING: The motion is granted.

BACKGROUND

            On 1/7/25, Petitioner Wayne Bernard Witherspoon filed a petition to open superior court file for purpose of establishing superior court jurisdiction over under-insured motorist arbitration matters.

            On 1/24/25, Petitioner filed the instant motion to compel arbitration.

            To date, no opposition has been filed.

Petitioner seeks to compel binding arbitration under an insurance policy issued by Respondent CHUBB Insurance Company. Petitioner alleges that CHUBB Insurance issued him an auto liability policy with uninsured/underinsured motorist (UM/UIM) coverage prior to July 7, 2021. On that date, he was injured in a car accident while riding as a passenger, due to the negligence of a third-party driver. After settling with the third party, Petitioner demanded binding arbitration with CHUBB under the UM/UIM policy, but CHUBB has refused to arbitrate.

Petitioner sent two formal arbitration demands, both acknowledged by CHUBB, and multiple follow-up emails, but CHUBB has not explained its denial of coverage. CHUBB claims there is no UM/UIM coverage, allegedly because Petitioner was in the course and scope of employment at the time but has not provided a signed waiver of coverage as required by California law (Ins. Code § 11580.2).

Petitioner argues that arbitration is required under California law when there is a dispute concerning whether the insured is entitled to recover damages from an uninsured motorist and, if so, the amount of those damages. UM/UIM coverage is mandatory in California unless expressly waived in writing by the named insured. In this case, CHUBB has not produced any such written waiver, and in the absence of that waiver, coverage must be presumed. Petitioner further contends that numerous California appellate decisions support the arbitrability of disputes involving UM/UIM claims, rendering CHUBB’s refusal to arbitrate both improper and unsupported by law.

Thus, Petitioner contends the dispute must be resolved through arbitration, not through CHUBB’s unilateral denial of coverage.

The Court finds that Petitioner has demonstrated, through counsel’s sworn declaration, that he made multiple valid demands for arbitration and that Respondent received those demands but refused to arbitrate without lawful justification. According to the Declaration of Gregor Aleksanian, Esq., counsel for Petitioner, the dispute arises from a motor vehicle accident in which Petitioner sustained bodily injuries exceeding the limits of the third-party liability coverage. (Aleksanian Declaration ¶ 2.) On March 7, 2024, Petitioner demanded arbitration pursuant to the uninsured/underinsured motorist (UM/UIM) policy by sending a certified letter to Respondent. (Aleksanian Declaration ¶ 3.) Respondent received and acknowledged this demand by signing and dating the return receipt on March 14, 2024. (Aleksanian Declaration ¶ 4.) When Respondent failed to respond substantively, Petitioner sent a follow-up demand for arbitration on April 9, 2024, again via certified mail. (Aleksanian Declaration ¶ 5.) Respondent again acknowledged receipt by signing and dating the return receipt on April 17, 2024. (Aleksanian Declaration ¶ 6.) Despite these repeated and properly served demands, Respondent has refused to proceed to arbitration. (Aleksanian Declaration ¶ 7.)

Under Insurance Code § 11580.2(f), an insurer must arbitrate disputes over (1) whether the insured is legally entitled to recover damages from an uninsured motorist, and (2) the amount of such damages. Respondent has offered no lawful basis for its refusal and has not produced a written waiver of UM/UIM coverage as required by law.

Accordingly, the Court finds in favor of Petitioner and GRANTS the Motion to Compel Binding Arbitration. Respondent is ordered to proceed to arbitration on the issues identified under California Insurance Code § 11580.2(f).

CONCLUSION

The motion is granted.