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California Court of Appeal


Blankenship v. Allstate Ins. Co., C059423

In a minor-plaintiff's petition to compel Uninsured Motorist Arbitration, trial court's denial of the petition is affirmed where: 1) although an insured may have made a claim with his uninsured motorist (UM) liability insurance carrier for damages suffered in an auto accident with an uninsured motorist, he may not subsequently file a legal actions against his UM insurer unless, within two years after the date of the accident, he first files an action against the uninsured motorist, demands arbitration with his UM insurer, or reaches an agreement with his UM insurer; and 2) the insured's minority does not excuse noncompliance with the limitations period of section 11580.2(i).

Appellate Information

  • Decided 06/29/2010
  • Published 06/29/2010

Judges

  • Nicholson, J.

Court

  • California Court of Appeal

Counsel

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