Low, Ball & Lynch’s

WEEKLY LAW RESUME

December 9, 2004 Issue   By: Mark Hazelwood

Insurance - No Duty To Arbitrate Amount of Damages in Uninsured Motorist Action

State Farm Mutual Automobile Insurance Company v. Superior Court

Court of Appeal, Second District

(November 10, 2025)

This case focuses on whether an insurer of someone involved in an accident with an uninsured or underinsured motorist is required to arbitrate, with its insured, the amount of damages  the insured is legally entitled to collect from the adverse motorist, if the insurer has already paid the uninsured policy limits. 

Barbara Balen was rear-ended in a chain reaction accident while stopped at a red light.  At the time of the accident,  Balen had motor vehicle insurance with State Farm Mutual Automobile Insurance Company (State Farm).   The State Farm policy had uninsured motorist protection in the amount of $100,000 per person; and a total of $300,000 per accident.   The driver responsible for the accident had motor vehicle insurance, but only had minimum policy limits of $15,000 per person; $30,000 per accident.   

In March 2003, Balen’s attorney notified State Farm that Balen would be making an underinsured motorist claim under her policy.  In April 2003, Balen’s attorney wrote to State Farm, advising State Farm that Balen had suffered extensive injuries in the accident and demanded the  policy limits of $100,000 (minus credit for the underinsured driver’s $15,000 contribution).  In the demand letter, Balen’s attorney gave a deadline in May 8, 2026 to respond.

On May 7, 2003, State Farm wrote to Balen’s attorney advising him that State Farm was not in a position to accept a policy  limits offer.  Balen’s attorney then withdrew the policy limits demand and requested arbitration, pursuant to the State Farm policy and California Insurance code section 11580.2(f).  State Farm agreed to arbitrate and asked for time to complete discovery prior to arbitration.  In the meantime, Balen’s attorney wrote to State Farm in June 2003, giving notice that because State Farm did not accept the policy limits demand, and had acted in bad-faith,  the policy was now “opened up”, and the new settlement demand was $150,000.  

Prior to arbitration, State Farm’s attorney wrote to Balen’s attorney.  State Farm had now completed its’ discovery and was willing to pay the underinsured policy limits of $100,000 (minus the $15,000 credit).  State Farm then forwarded a settlement draft for the policy limits to Balen’s attorney.   Balen  accepted  the draft as a partial payment, but would not accept the policy limits offer as a final settlement.  Balen then filed a petition in Los Angeles Superior Court to compel arbitration, so that Balen could place a value on her case.

The Superior Court determined that Balen had a right to arbitration, and ordered the parties to arbitrate.  Thereafter, State Farm filed a petition with the Second Appellate District, seeking a writ of mandate directing the trial court to vacate its order.  The Court of Appeal granted the writ of mandate,  and overturned the trial court decision.

Balen sought arbitration because she wanted to pursue an action in tort against State Farm for breach of an implied covenant of good faith and fair dealing.   Balen argued that without an arbitration of her actual damages from the accident, she would be prejudiced because she would not be able to evaluate a bad faith action.   The Court of Appeal did not agree.

The provisions of  Insurance  Code section 11580.2(f), provide for arbitration when the there is a controversy over whether the insured is entitled to collect damages from the underinsured motorist and/or the amount of such damages.    The Court of Appeal ruled that because State Farm had paid the policy limits, these issues were now moot.   In focusing on the damages issue, the Court pointed out that a U.M. arbitrator cannot award more than the policy limits.  Therefore, potential damages beyond the policy limits, after policy limits have been paid, would have no relevance.  

The Court of Appeal acknowledged that an insurer must act fairly and in good faith when handling its own insured’s claims.  The insurer cannot unreasonably withhold payments that are due under the policy of insurance.  However, if an insurer breaches its duties in handling an uninsured or underinsured motorist claim, the damages from such alleged breach of the insurance contract are not related to the damages allegedly sustained in the accident.  Rather, the potential bad faith damages arise out of the post accident interactions between the insurer and its insured.   As such, the dollar amount of accident damages is not the proper measure of damages in a suit for a bad faith breach of contract.  For this further reason, the Court of Appeal held that the issue of accident related damages was no longer an issue for the arbitrator. Therefore, the petition for writ of mandate was granted, and the trial court was ordered to vacate its order and enter a new order denying the petition to compel arbitration.

Comment

The Court of Appeal found no language in  Insurance Code section 11580.2(f), that the statute had the dual purpose of facilitating the payment of uninsured or underinsured motorist benefits and facilitating a decision by an insured  to sue for bad faith.   Whether the insurer paid underinsured policy limits in a timely manner, or whether there was claims handling misconduct by the insurer was not an  issue for the arbitrator.  

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