Pham

Plaintiff Oanh Thi Pham commenced a declaratory relief action against defendant Allstate Insurance Company (Allstate) seeking a determination that she was entitled to uninsured motorist benefits under a policy issued by Allstate. The court found in favor of plaintiff. Allstate appeals. We affirm.

The case was tried on an agreed statement of facts which provided, in pertinent part, as follows; “On or about August 29, 1986, plaintiff was an occupant in a 1978 Oldsmobile serial number 3Q35R8C147446 which was insured with defendant under policy number 024740633104632801. fl[] At such time, plaintiff was traveling northbound, when an unidentified dump truck approached plaintiff’s vehicle in a southbound direction, as the vehicles passed each other, a rock fell off the truck and bounced on the highway and then penetrated the windshield of the vehicle in which plaintiff was an occupant, striking her and causing bodily injuries, [fl] Plaintiff informed defendants of her claim under the uninsured motorist protection provided under the above-mentioned insurance policy.”

Insurance Code section 11580.2, subdivision (a)(1) commands that uninsured motorist coverage must afford…