Judge: Bruce G. Iwasaki, Case: 22STCV37559, Date: 2023-01-31 Tentative Ruling

Case Number: 22STCV37559    Hearing Date: January 31, 2023    Dept: 58

Judge Bruce G. Iwasaki

Department 58

Hearing Date:             January 31, 2023

Case Name:                Konrad Khoddam v. Blue Hill Specialty Insurance Company

Case No.:                    22STCV37559

Motion:                       Motion to Compel Arbitration

Moving Party:             Petitioner Konrad Khoddam

Responding Party:      Respondent Blue Hill Specialty Insurance Company

Background

This case arises from a vehicle collision.  Konrad Khoddam (Petitioner) was a driver for Uber and was rear ended by a third party.  He settled with the third-party’s carrier and now seeks to recover from Uber’s insurance company, Blue Hill Specialty Insurance Company (Respondent), under the uninsured/underinsured motorist policy (UM/UIM).

Petitioner moves to compel Blue Hill to arbitration pursuant to Insurance Code section 11580.2 and for the appointment of an arbitrator.  Respondent opposes the motion to compel and argues that arbitration is premature because Petitioner has not depleted his funds through his Occupational Accident Insurance (OAI) coverage. Petitioner replied, arguing that the OAI coverage does not fall under workers compensation.

Discussion

            Insurance Code section 11580.2, subdivision (f) requires arbitration for any dispute as to liability or damages under a UM/UIM policy.  As a prerequisite to a demand or petition for arbitration, a petitioner must file a declaration, under penalty of perjury, “stating whether (i) the insured has a workers’ compensation claim; (ii) the claim has proceeded to findings and award or settlement on all issues reasonably contemplated to be determined in that claim; and (iii) if not, what reasons amounting to good cause are grounds for the arbitration to proceed immediately.”  (See also Allstate Insurance Co. v. Gonzalez (1995) 38 Cal.App.4th 783, 792.)

            Here, Petitioner provides the declaration of his counsel, but does not state whether the insured has a workers’ compensation claim and any corresponding details.  (See generally, Kennedy Decl., ¶¶ 1-3.)  Because the declaration does not comply with section 11580.2, subdivision (f), the motion to compel arbitration is denied with leave for counsel to file a supplemental declaration with all the required details under the statute.

            At the hearing, the Court will inquire as to whether Petitioner has submitted a claim for Occupational Accident Insurance.