Campbell

State Farm Mutual Automobile Insurance Company appeals from a declaratory judgment rendered on April 5, 1988, by the court sitting without a jury. The question is whether 1984 amendments to Insurance Code section 11580.2 provided underinsured motorist coverage to respondent Wendelyn Campbell by operation of law, even though no such coverage was provided under the express terms of her policy. The trial court held that it did. We reverse.

Facts

We derive the facts from the agreed statement on which the case was tried.

On June 18, 1985, appellant issued an automobile insurance policy to respondent. It included an endorsement for uninsured motorist coverage. The application form executed by respondent indicated that underinsured motorist coverage was available to her as well, but she apparently did not choose to obtain it. In any case, the parties are agreed that as issued on June 18, respondent’s policy did not expressly provide underinsured motorist coverage. On November 8, 1985, respondent was injured in a car accident. The other party was insured, but had insufficient coverage to indemnify respondent for her injuries. We presume that respondent filed a claim against…