BOUTON v. USAA CASUALTY INS. CO.

No. S149851. No. S149847.

43 Cal.4th 1190 (2008)

LLOYD BOUTON, Plaintiff and Appellant, v. USAA CASUALTY INSURANCE COMPANY, Defendant and Respondent. CHARLES MICHAEL O'HANESIAN, Plaintiff and Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al, Defendants and Respondents.

Supreme Court of California.

June 9, 2008.


Attorney(s) appearing for the Case

Shipley & Kirch, Law Offices of Jacques J. Kirch, Jacques J. Kirch; Law Offices of Daniel S. Rosenberg and Daniel S. Rosenberg for Plaintiff and Appellant Lloyd Bouton.

Law Office of Duncan M. James, Duncan M. James, David M. Kindopp, Donald J. McMullen and Joseph John Turri for Plaintiff and Appellant Charles Michael O'Hanesian.

Daniels, Fine, Israel, Schonbuch & Lebovits, Paul R. Fine, Erin O'Neill Hallissy and Leila M. Reed for Defendant and Respondent USAA Casualty Insurance Company.

Robie & Matthai, James R. Robie and Steven S. Fleischman for State Farm Mutual Automobile Insurance Company and Infinity Insurance Company as Amici Curiae on behalf of Defendant and Respondent USAA Casualty Insurance Company.

Hager & Dowling, John V. Hager and Holly C. Blackwell for Mercury Casualty Company as Amicus Curiae on behalf of Defendant and Respondent USAA Casualty Insurance Company.

Horvitz & Levy, Peter Abrahams, Mitchell C. Tilner; Crandall, Wade & Lowe, James L. Crandall, Edwin B. Brown and William F. Zulch for Defendants and Respondents State Farm Mutual Automobile Insurance Company et al.

Daniels, Fine, Israel, Schonbuch & Lebovits, Paul R. Fine and Erin O'Neill Hallissy for United Services Automobile Association as Amicus Curiae on behalf of Defendants and Respondents State Farm Mutual Automobile Insurance Company et al.


OPINION

MORENO, J.

Insurance Code section 11580.2 requires insurers to provide coverage for bodily injury or wrongful death caused by uninsured motorists. Subdivision (f) of this statute provides that if the insurer and the insured cannot agree whether the insured is legally entitled to recover damages from an uninsured motorist and the amount of such damages, those issues shall be determined by arbitration. (Ins. Code, § 11580.2, subd...

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