Kathryn Tornai v. CSAA Insurance Exchange

(May 2024) - In Tornai v. CSAA Ins. Exch, 98 Cal.App.5th 974 (January 11, 2024), the California First District Court of Appeal reversed the trial court's denial of CSAA Insurance Exchange's ("CSAA") motion to compel arbitration of an underinsured motorist ("UIM") claim made by insured, Kathryn Tornai ("Tornai"), under an automobile policy issued by CSAA. The policy included an arbitration clause for underinsured/ uninsured motorist claims in which there was a dispute regarding liability or the amount owed for damages sustained by the insured. Such clause conformed with California Insurance Code section 11580.2, subdivision (f),which requires parties to arbitrate any dispute over entitlement to recover damages caused by an uninsured or underinsured motorist or the amount of damages.