June 2021 - California Mediation and Arbitration

Arbitration, Automobiles: Insurance Code Makes Underinsured Motorist Claim Arbitrable

June 21, 2021 · Arbitration: Automobiles, Arbitration: Statutorily Mandated

Insurance Code Section 11580.2 Was Dispositive. California Insurance Code section 11580.2, subdivision (f) provides that disputes between insureds and insurers over entitlement to recover damages caused by an uninsured or under insured motorist [UIM], or the amount of damages, must be resolved by agreement or arbitration. When Brett McIsaac sued Foremost Insurance over an […]

Arbitration, Authentication, Standard Of Review, Employment: First District Div. 5 Agrees That Employer Failed To Authenticate Electronic Signature On Arbitration Agreement

June 5, 2021 · Arbitration: Authentication, Arbitration: Employment, Arbitration: Health Care, Arbitration: Standard of Review

Authentication Of Electronic Signatures Continues To Trip Up Employers. The trial court denied the employer's motion to compel arbitration, because the employee Bannister "presented evidence that she never saw the [arbitration] agreement during the onboarding process and did not affix her electronic signature to it," and the Court of Appeal affirmed. Maureen Bannister v. […]