SPEAR v. CALIFORNIA STATE AUTO. ASSN.

Docket No. S023533.

2 Cal.4th 1035 (1992)

838 P.2d 821

9 Cal. Rptr.2d 381

WILLIAM SUNDAY SPEAR, Plaintiff and Appellant, v. CALIFORNIA STATE AUTOMOBILE ASSOCIATION, Defendant and Respondent.

Supreme Court of California.

July 6, 1992.


Attorney(s) appearing for the Case

COUNSEL

Safire & Lewis and William G. Lewis for Plaintiff and Appellant.

Lawrence E. Kern, Santana, George, Preston, Steffen & Katzen and Michael R. Chambers for Defendant and Respondent.

Richard W. Younkin, William B. Donohoe and Thomas J. McBirnie as Amici Curiae on behalf of Defendant and Respondent.


OPINION

PANELLI, J.

We granted review in this case to determine when the statute of limitations for an insured's action against an insurer to compel arbitration of an uninsured motorist claim begins to run. We conclude that the limitations period does not begin to run until the insurer has refused to submit to arbitration. Accordingly, we reverse the judgment of the Court of Appeal.

I. FACTS

On April 18, 1990, plaintiff...

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