Maier v. CC Services, Inc.

Court dismissed 2 counts of Plaintiff's amended complaint for declaratory judgment to construe the rights of the parties as to Plaintiff's underinsured motorist (UIM) benefits under her auto insurance policy. Policy required Plaintiff to make a written demand for arbitration within 2 years of the collision to become entitled to payment of UIM benefits under the policy.  This requirement applies when the insurer and insured have not reached agreement on amount of damages regardless of whether the other driver is uninsured or underinsured.Letter from Plaintiff's counsel to insurer, to secure his payment for legal services, is not a "claim" for UIM benefits, as it makes not reference to whether Plaintiff was making a claim for UIM benefits. Section 143.1 of Insurance Code tolls policy's limitations provision only once a proof of loss is filed. (McDADE, concurring; O'BRIEN, concurring in part and dissenting in part.)