Category: Arbitration: Statutorily Mandated

Arbitration, Automobiles: Insurance Code Makes Underinsured Motorist Claim Arbitrable

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 […]

Statutorily Mandated Arbitration, Disclosures: Fourth Dist. Div. 3 Reverses Order Denying Petition To Confirm Arbitration, Because The Arbitration Was Contractual, Not Statutory

And The Attack On Arbitrator's Bias Came Too Late.         The trial judge in Rivera v. Shivers et al., G057919 (4th Dist. Div. 3  8/31/20) (Bedsworth, Thompson, Goethals) sua sponte ordered the unlawful detainer action to mandatory statutory arbitration. What could go wrong? For one thing, unlawful detainer actions are exempt from mandatory statutory arbitration. […]

Statutorily Mandated Arbitration: Statutorily Mandated Arbitration Scheme For Beer Brewers And Distributors Does Not Create SLAPP-Protected Activity

September 26, 2017 · Arbitration: Statutorily Mandated

A Cold Draught . . .  John Margulies, photographer.  1984.  Library of Congress.         Did you know that in 2007 California enacted special legislation requiring that when a beer brewer replaces a distributor, the successor brewer's designated replacement distributor must negotiate in good faith, and failing that, arbitrate, "to determine the fair market value of the […]