Judge: Gail Killefer, Case: 25STCV01032, Date: 2025-03-07 Tentative Ruling
Case Number: 25STCV01032 Hearing Date: March 7, 2025 Dept: 37
HEARING DATE: Thursday, March 6, 2025
CASE NUMBER: 25STCV01032
CASE NAME: Edgar Israyelyan v. Lancer Insurance Company
MOVING PARTY: Pedititioner Edgar Israyelyan
OPPOSING PARTY: Respondent Lancer Insurance Company
TRIAL DATE: Not set.
PROOF OF SERVICE: OK
PROCEEDING: Motion to Compel
Arbitration
OPPOSITION: 24 February 2025
REPLY: 01
January 2025
TENTATIVE: The hearing is continued
to April 7, 2025, at 8:30 a.m. Petitioner is ordered to file a
declaration pursuant to Ins. Code § 11580.2(f). Petitioner to give notice.
Background
On January 15, 2025, Edgar Israyelyan (“Petitioner”) filed a
Petition to Open Unlimited Civil Court File to Establish Jurisdiction over
Uninsured/Underinsured Motorist Arbitration against Lancer Insurance Company
(“Respondent”)
Petitioner now moves to compel arbitration. Respondent opposes the
Motion. The matter is now before the court.
I. Legal Standard
Ins.¿Code §11580.2 governs the provision of uninsured and
underinsured motorist arbitration. (See Pilimai v. Farmers Ins.
Exchange Co. (2006) 39 Cal.4th 133, 140.) Ins.
Code § 11580.2 mandates arbitration of
uninsured and underinsured motorist claim disputes between insurers and
insureds regarding liability, damages, or both:
“The policy or an
endorsement added thereto shall provide that the determination as to whether
the insured shall be legally entitled to recover damages, and if so entitled,
the amount thereof, shall be made by agreement between the insured and the
insurer or, in the event of disagreement, by arbitration.”
(Ins.
Code, § 11580.2(f).)
Ins. Code, § 11580.2(f)(1) states:
“Whenever in
Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil
Procedure, reference is made to the court in which the action is pending, or
provision is made for application to the court or obtaining leave of court or
approval by the court, the court that shall have jurisdiction for the
purposes of this section shall be the superior court of the State of
California, in and for any county that is a proper county for the filing of a
suit for bodily injury arising out of the accident, against the uninsured
motorist, or any county specified in the policy or an endorsement added thereto
as a proper county for arbitration or action thereon.”
(Id. [italics added].)
II. Discussion
The Petition asserts that Respondent issued an insurance policy to
Petitioner that included Uninsured/Underinsured Motorist Coverage with a policy
limit of $750,000.00. (Petition, Ex. A.) Petitioner suffered injuries in an
automobile accident on September 22, 2022, caused by an uninsured third party.
(Motion at p. 3:5-11.)
Petitioner asserts that arbitration is proper pursuant to Ins.
Code § 11580.2(f):
(f)
The policy or an endorsement added thereto shall provide that the determination
as to whether the insured shall be legally entitled to recover damages, and if
so entitled, the amount thereof, shall be made by agreement between the insured
and the insurer or, in the event of disagreement, by arbitration. The
arbitration shall be conducted by a single neutral arbitrator. An award or a
judgment confirming an award shall not be conclusive on any party in any action
or proceeding between (i) the insured, his or her insurer, his or her legal
representative, or his or her heirs and (ii) the uninsured motorist to recover
damages arising out of the accident upon which the award is based. If the
insured has or may have rights to benefits, other than nonoccupational
disability benefits, under any workers' compensation law, the arbitrator shall
not proceed with the arbitration until the insured's physical condition is
stationary and ratable. In those cases in which the insured claims a permanent
disability, the claims shall, unless good cause be shown, be adjudicated by
award or settled by compromise and release before the arbitration may proceed.
Any demand or petition for arbitration shall contain 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.
Respondent opposes the Motion because Petitioner was working as an
Uber driver and Uber is required to provide coverage and pay for his medical
expenses. Respondent also asserts it is entitled to offset any payments
considered payable under workers’ compensation law or disability law.
Respondent also asserts that the Policy at issue requires Petitioner to submit
all medical records and documents to the occupation accident coverage. Due to
disagreement on damages owed, the arbitrator must decide whether the Petitioner
is covered by an Uber policy and whether the Respondent is entitled to any
offset. Therefore, the court need not decide these issues.
However,
before the court can consider Petitioner’s motion, he was required to submit “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.” (Ins. Code § 11580.2(f).) No such
declaration has been submitted.
The
court continues the hearing and orders Petitioner to file a declaration
pursuant to Ins. Code § 11580.2(f).
Conclusion
The hearing is continued to April 7, 2025, at 8:30 a.m. Petitioner is ordered to file a declaration pursuant to Ins. Code
§ 11580.2(f). Petitioner to give notice.