National Automobile & Casualty Insurance v. Superior Court

Opinion

WOODS, P. J.

This is an original proceeding in mandate. The question presented is whether the superior court can refuse to approve an uninsured motorist arbitration award to a minor which the court concludes is not in the minor’s best interest notwithstanding the limiting provisions of Insurance Code section 11580.3.

Insurance Code section 11580.3, in pertinent part, provides that an uninsured motorist arbitration award to minors is to be deemed a “compromise” governed by certain provisions of the Probate Code. These Probate Code sections require, inter alia, judicial approval of any…