Arrasmith v. State Farm Insurance

Opinion

PUGLIA, P. J.

Plaintiff appeals from an order denying his petition to compel arbitration of an underinsured motorist insurance claim. The trial court concluded the claim is barred by the statute of limitations set forth in Insurance Code section 11580.2, subdivision (i). (Further statutory references to sections of an undesignated code are to the Insurance Code.) Plaintiff contends this limitation period is inapplicable to underinsuted motorist claims and, at any rate, defendant is estopped to raise this defense. We shall affirm.

I

“Unless otherwise agreed in writing, ‘[e]very policy of…