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AMERICAN HOME ASSURANCE CO. v. BENOWITZ

Docket Nos. B049723, B051996.

234 Cal.App.3d 192 (1991)

285 Cal. Rptr. 626

AMERICAN HOME ASSURANCE COMPANY, Plaintiff and Appellant, v. LYNN BENOWITZ, Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

September 20, 1991.

Attorney(s) appearing for the Case

COUNSEL

Henderson & Wohlgemuth, Anthony B. Nixon and Gerald B. Valasco for Plaintiff and Appellant.

Parsons & Anderson and Steven L. Anderson for Defendant and Respondent.

OPINION

EPSTEIN, J.

The respondent, Lynn Benowitz, thought that her automobile insurer had unreasonably delayed in acting on her demand to arbitrate a dispute under the uninsured motorist provision of her policy. Through her attorney, she selected her own arbitrator and proceeded to obtain an award at a scheduled hearing. We conclude that the insurer committed no breach giving rise to a waiver of its rights under the uninsured motorist...

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