STATE FARM MUT. AUTO. v. SUPERIOR COURT

No. B175527.

20 Cal.Rptr.3d 850 (2004)

123 Cal.App.4th 1424

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; Barbara J. Balen, Real Party in Interest.

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

November 10, 2004.


Attorney(s) appearing for the Case

Horvitz & Levy, John A. Taylor, Jr. and Robert H. Wright, Encino; Gates, O'Doherty, Gonter & Guy and Peter J. Gates, Irvine, for Petitioner.

No appearance for Respondent.

Marks & Acalin and Ronald A. Marks, Los Angeles; Susan A. Beytin for Real Party in Interest.


CROSKEY, J.

The petition before us involves the uninsured motorist provisions in a motor vehicle policy of insurance. Pursuant to a directive in Insurance Code section 11580.2, subdivision (f),1 the subject insurance contract between the insurer and the insured in this case contains a provision that (a) both parties must decide by agreement whether (1) the insured is legally entitled to...

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