California Court of Appeal

On remand from the California Supreme Court, denial of petition to compel arbitration is reversed and matter is remanded where: 1) the California Supreme Court overruled its decision in Van Tassel v. Superior Court and concluded a court, not an arbitrator, must decide whether plaintiff is an insured under that policy; and 2) the trial court should have decided the question of whether plaintiff was an insured entitled to arbitration under his sister's policy.

Appellate Information

• Decided 10/07/2008
• Published 10/07/2008

Judges

• McDONALD, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Office of Jacques J. Kirch, Jacques J. Kirch, San Diego, Law Offices of Daniel S. Rosenberg and Daniel S. Rosenberg, for Plaintiff and Appellant.


• For Appellees:
  
• Daniels, Fine, Israel, Schonbuch & Lebovits, Paul R. Fine and Erin O. Hallissy, Los Angeles, for Defendant and Respondent.