Judge: Layne H. Melzer, Case: 2022-01264717, Date: 2022-10-20 Tentative Ruling

Petitioner Financial Indemnity Company

Motion to Compel Arbitration

Before the court is Petitioner Financial Indemnity Company’s Petition to compel arbitration of an uninsured motorist claim against Claimant/Insured/Respondent David Pham.

The court heard this Petition on 7/14/22 and identified three issues with the Petition: (1) service is improper, (2) admissible evidence showing an agreement to arbitrate and (3) compliance with Insurance Code section 11580.2, subdivision (f). (ROA 15). Specifically, as to issue no. 3, the court held that “Petitioner did not comply with Insurance Code section 11580.2, subdivision (f), which provides as follows: “[a]ny 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.” (ROA 15)

The court then heard the continued motion on 9/1/22. At that time, service was still improper, but has now been remedied. (See ROA 28.) The court also noted that there was still not admissible evidence of an agreement to arbitrate. This too has been remedied. (ROA 26; Levinson Decl., ¶5, Ex. E.)

The final issue was compliance with Insurance Code section 11580.2, subdivision (f). The court is still missing a declaration, under penalty of perjury, stating whether (i) the insured has a workers’ compensation claim.

“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.” (Ins. Code § 11580.2, subdivision (f).)

Here, the court is not provided with any information about whether a workers compensation case was filed and if so, whether Claimant is now permanent and stationary.

Thus, based on the foregoing, the court is inclined to deny the Petition.