BOGHOS v. CERTAIN UNDERWRITERS AT LLOYD'S

No. S117735.

30 Cal.Rptr.3d 787 (2005)

36 Cal.4th 495

115 P.3d 68

Antone BOGHOS, Plaintiff and Respondent, v. CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON, et al., Defendants and Appellants.

Supreme Court of California.

July 18, 2005.


Attorney(s) appearing for the Case

LeBoeuf, Lamb, Greene & MacRae, Dean Hansell, Sharon C. Corda and Jared M. Katz, Los Angeles, for Defendants and Appellants.

Hancock Rothert & Bunshoft, Paul J. Killion and Leslie Kurshan, San Francisco, for Unionamerica Insurance Company as Amicus Curiae on behalf of Defendants and Appellants.

Fred J. Hiestand for The Civil Justice Association of California as Amicus Curiae on behalf of Defendants and Appellants.

Bohn & Bohn, Robert H. Bohn; Trial Lawyers for Public Justice, Michael J. Quirk, Walnut Creek, F. Paul Bland, Jr., and Kate Gordon for Plaintiff and Respondent.

Robinson, Calcagnie & Robinson and Sharon J. Arkin, Newport Beach, for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiff and Respondent.

Public Citizen Litigation Group, Scott L. Nelson, Brian Wolfman; Kasdan, Simonds, Riley & Vaughan and Vance C. Simonds, Irvine, for Public Citizen, Inc., as Amicus Curiae on behalf of Plaintiff and Respondent.

Deborah Zuckerman, Michael Schuster; Kemnitzer, Anderson, Barron & Ogilvie and Nancy Barron, San Francisco, for AARP and The National Association of Consumer Advocates as Amicus Curiae on behalf of Plaintiff and Respondent.


WERDEGAR, J.

This case presents issues concerning the effect and enforceability of an arbitration clause in a contract of disability insurance. The lower courts refused to compel arbitration of contract and tort claims brought by the insured against the insurer after the latter ceased paying benefits. We reverse and remand for further proceedings.

I. Background

Antone Boghos owned a plumbing business. In September 1998, he applied to a Los Angeles...

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