California State Automobile Ass'n Inter-Insurance Bureau v. Carter

Opinion

HANSON (P. D.), Acting P. J.

We review a summary judgment of the Fresno County Superior Court ordering that defendant insured is enjoined *259from seeking to arbitrate the question of entitlement to punitive damages under the uninsured motorist provisions of an automobile insurance policy issued by plaintiff. The trial court also ruled defendant could not recover, under the California uninsured motorist law (Ins. Code,1 § 11580.2) or the policy issued by plaintiff, any punitive damages awarded by an arbitrator based on the conduct of the alleged uninsured motorist.

The question of whether an…