Legal Opinion

Klubnikin v. California Fair Plan Assn.

California Court of Appeal

Decided August 30, 1978No. Civ. 51848PublishedCited by 10 opinions

1Opinion of the Court

Opinion

THOMPSON, J.

This is an appeal from a summary judgment which holds that an award of appraisers determined the amount payable by California Fair Plan upon a policy of fire insurance covering a building owned by William Klubnikin. We conclude that: (1) “appraisers” empowered by the terms of a policy of fire insurance to determine the “cash value” and “loss” utilized to ascertain the amount payable on the policy are arbitrators within the meaning of Code of Civil Procedure section 1280; (2) an award of the appraisers unchallenged within the time provided by Code of Civil Procedure sections…

2Cases cited4 opinions

  1. Bewick v. MechamCalifornia Supreme Court · 1945
  2. Jefferson Insurance of New York v. Superior CourtCalifornia Supreme Court · 1970
  3. Davis v. CalawayCalifornia Court of Appeal · 1975
  4. Goldkette v. DanielCalifornia Court of Appeal · 1945

3Cited by10 opinions

  1. Coopers & Lybrand v. Superior CourtCalifornia Court of Appeal · 1989
  2. Louise Gardens of Encino Homeowners' Ass'n v. Truck Insurance Exchange Inc.California Court of Appeal · 2000
  3. Eternity Investments, Inc. v. BrownCalifornia Court of Appeal · 2007
  4. Lambert v. CARNEGHICalifornia Court of Appeal · 2008
  5. Douglass v. Serenivision, Inc., California Court of Appeal, 5th District2018

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