California Court of Appeal

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Bouton v. USAA Cas. Ins. Co., D048522

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


  • McDONALD, J.


  • California Court of Appeal


  • 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.
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