PRETRIAL ADJUDICATION
...Contract Arbitration
......Opposing Arbitration
.........Not in Scope of Agreement
............Court Decision
7 Cards On This Topic:

Court decides arbitrability in USAA case.

Court decides arbitrability under California Arbitration Act.

Court decides arbitrability in Taft-Hartley case.

Whether claimant is insured under UM provision is not a question of UI tortfeasor’s liability or damages owed to insured, and thus not subject to arbitration under IC 11580.2(f); Van Tassel overruled.

Clear purpose of Code Civ. Proc. §1281.2 is to require ct. to decide whether there is a duty to arbitrate controversy that has arisen.

Where Ps challenged validity of arbitration provision, it was within the province of CA court, not arbitrator, to rule on that challenge.

Trial court should have decided whether P was an insured entitled to arbitration under his sister’s policy in claim for underinsured motorist (UI) benefits.