Malpractice carrier case 498
April 9th, 2012 
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Mission Viejo Emergency Medical Associates v Beta Healthcare Group 197 Cal.App.4th 1146 (4/3) (2011) Malpractice carrier settled case against MVEMA above policy limits. San-Diego-Auto-Accident-lawyer MVEMA sued carrier for breach of contract, emotional distress, etc. Carrier moved to compel arbitration, denied, revered. [1] Insurance policy had conspicuous arbitration clause. That MVEMA did not read policy and was not told either by agent or application form of arbitration clause did not defeat enforceability. [2] California contract rule is to determine parties’ intent as evidenced by the contract’s language, which controls over the subjective intent of a party. No requirement that carrier call attention to an arbitration clause. San Diego personal injury attorney