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BLANKENSHIP v. ALLSTATE INS. CO.

No. C059423.

186 Cal.App.4th 87 (2010)

DAKOTA BLANKENSHIP, a Minor, etc., Plaintiff and Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant and Respondent.

Court of Appeals of California, Third District.

June 29, 2010.

Attorney(s) appearing for the Case

Barr & Mudford and Dugan Barr for Plaintiff and Appellant.

Sonnenschein Nath & Rosenthal, Michael Barnes and Manuel Alvarez, Jr., for Defendant and Respondent.

OPINION

NICHOLSON, J.

Although an insured may have made a claim with his uninsured motorist (UM) liability insurance carrier for damages suffered in an auto accident with an uninsured motorist, he may not subsequently file a legal action against his UM insurer unless, within two years after the date of the accident, he first files an action against the uninsured motorist, demands arbitration with his UM insurer, or reaches an agreement with his UM insurer...

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