What is the effect of section F of the California Motor Vehicle Code requiring a stay of arbitration until a workers' compensation claim is resolved?

California, United States of America


The following excerpt is from Rangel v. Interinsurance Exchange of Auto. Club of Southern California, 10 Cal.App.4th 472, 285 Cal.Rptr. 131 (Cal. App. 1991):

The purpose of the above provision requiring the stay of arbitration until the workers' compensation claim is resolved is to enable the insurer to determine the amount of its setoff. It should be noted, however, that although arbitration under subdivision (f) involves the determination of the amount of the insured's damages vis-a-vis the uninsured motorist, it does not encompass the issue of the amount of money the insurer is obligated to pay the insured, unless the contract between them so provides. (Furlough v. Transamerica Ins. Co. (1988) 203 Cal.App.3d 40, 45-46, 249 Cal.Rptr. 703.)

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