Procedural Posture
Petitioner insurer sought a writ of mandate after respondent Superior Court of the City and County of San Francisco (California) ordered joinder of a personal injury action with a related uninsured motorist arbitration proceeding.
Overview: termination of benefits letter sample
Real parties in interest insureds were plaintiffs in a personal injury action against two motorists who rear-ended their car in two separate accidents. The driver of the second vehicle was not insured and the real parties in interest filed a claim with petitioner insurer for uninsured motorist benefits. The real parties in interest's claim against petitioner was in arbitration. The real parties in interest petitioned respondent trial court to join the arbitration proceeding with the personal injury action. Respondent joined the actions, and petitioner sought review. The court noted that Cal. Civ. Proc. Code §1281.2(c) specifically gave respondent the authority to order joinder of an arbitration proceeding and a civil action to avoid the possibility of conflicting rulings. The court noted that respondent ordered joinder because the separate proceedings could have resulted in inconsistent rulings regarding the two drivers' comparative fault. The judgment was affirmed.
Outcome
Respondent trial court's order of joinder in a personal injury action was affirmed because joinder was an option when there was a possibility of conflicting rulings in an arbitration proceeding and a civil action. The petition for writ of mandate was denied.
Procedural Posture
Petitioner insurer sought a writ of mandate after respondent Superior Court of the City and County of San Francisco (California) ordered joinder of a personal injury action with a related uninsured motorist arbitration proceeding.
Overview: termination of benefits letter sample
Real parties in interest insureds were plaintiffs in a personal injury action against two motorists who rear-ended their car in two separate accidents. The driver of the second vehicle was not insured and the real parties in interest filed a claim with petitioner insurer for uninsured motorist benefits. The real parties in interest's claim against petitioner was in arbitration. The real parties in interest petitioned respondent trial court to join the arbitration proceeding with the personal injury action. Respondent joined the actions, and petitioner sought review. The court noted that Cal. Civ. Proc. Code §1281.2(c) specifically gave respondent the authority to order joinder of an arbitration proceeding and a civil action to avoid the possibility of conflicting rulings. The court noted that respondent ordered joinder because the separate proceedings could have resulted in inconsistent rulings regarding the two drivers' comparative fault. The judgment was affirmed.
Outcome
Respondent trial court's order of joinder in a personal injury action was affirmed because joinder was an option when there was a possibility of conflicting rulings in an arbitration proceeding and a civil action. The petition for writ of mandate was denied.
