Judge: Serena R. Murillo, Case: 22STCV26162, Date: 2023-03-27 Tentative Ruling

Case Number: 22STCV26162    Hearing Date: March 27, 2023    Dept: 29

TENTATIVE

Claimant Gregg W. Hoffbuhr’s motion to preclude disclosure of the policy limits to the arbitrator is DENIED.

Legal Standard

Insurance Code section 11580.2, subdivision (f), provides that, in the event of a dispute between insurer and insured, the determination as to whether the insured is entitled to recover damages and the amount of such damages shall be made by arbitration. (Ins. Code, § 11580.2, subd. (f).) 

Discussion

Claimant asserts that under Section 11580.2, subdivision (f), an arbitrator is authorized to determine two issues: “(1) whether the insured is entitled to recover against the uninsured motorist, and (2) if so, the amount of damages.” (Furlough v. Transamerica, Inc. (1988) 203 Cal.App.3d 40, 44-45.) Claimant argues that it is precluded from recovering damages in UM arbitration beyond his policy limits. (Campbell v. Farmers (1968) 260 Cal.App.2d 105, 110; Cothron v. Interinsurance Exchange (1980) 103 Cal.App.3d 853, 860-862].) In turn, Claimant argues it is entitled to a fair and objective determination of damages, which may exceed the uninsured policy limits and thus, requests that the Court preclude disclosure of the policy limits to the arbitrator, so that the arbitrator is not curtailed by the policy limits.

However, Claimant has offered no authority to support its argument that the Court may grant Claimant’s requested relief, and the Court is aware of no such authority. As a result, Claimant’s motion to preclude disclosure of the policy limits to the arbitrator is DENIED.