Arbitration Provision In Insurance Policy, But Not In Application, Enforceable.

Defendants moved to compel arbitration based on an arbitration provision in the insurance contract between the parties.  The trial court denied the motion, ruling that the arbitration provision was unenforceable because it was not disclosed in the application for the policy.  The appellate court ruled the case should have been ordered to arbitration as the arbitration provision was clearly stated in the policy, and no provision of law requires disclosing an arbitration provision in an application for this type of insurance.  Mission Viejo Emergency Medical Assoc. v. Beta Healthcare Group (Cal. App. Fourth Dist., Div. 3;  June 29, 2011) (Ord. pub. July 27, 2011) 197 Cal.App.4th 1146, [128 Cal.Rptr.3d 330].