(Insurer is Entitled to Arbitrate Underinsured Motorist
Claim, Irrespective of Pending Bad Faith Lawsuit)
(July 2021) - In McIsaac v. Foremost Ins.
Co., 64 Cal.App.5th 418 (April 30, 2021), the California First
District Court of Appeal reversed the trial court's order
denying a petition to compel arbitration brought by Foremost
Insurance Company ("Foremost") against its insured, Brett
McIsaac ("McIsaac"). The parties' dispute arose out
of a motorcycle accident, wherein McIsaac was injured while
operating his motorcycle. The driver of the vehicle was
underinsured with coverage of only $15,000. Foremost afforded
underinsured motorist coverage under a motorcycle liability policy
insuring McIsaac in the amount of $100,000. McIsaac demanded that
Foremost pay him $85,000, i.e., the difference between the
underinsured motorist's policy limits of $15,000 and the
Foremost underinsured motorist limits of $100,000. Foremost
initiated an investigation of the claim and sent
