Harrison
Harrison v. California State Automobile Ass'n Inter-Insurance Bureau
Opinion
Opinion
Molinari, J.
Plaintiff insured appeals from the denial of his petition to compel arbitration against defendants California State Automobile Association Inter-Insurance Bureau (hereinafter “AAA”) and El Dorado Insurance Company (hereinafter “El Dorado”).
Plaintiff was injured on March 8, 1972, in a collision with an uninsured motorist, while driving a motorcycle owned by him. A policy of insurance issued by El Dorado covering the motorcycle contained an endorsement which excluded uninsured motorist coverage. Plaintiff' also owned a pickup truck which was insured by AAA. This policy contained a provision for uninsured motorist coverage.
A petition seeking arbitration against both El Dorado and AAA was filed by plaintiff and upon hearing was denied. The trial court’s decision does not show the basis of its denial of the petition. The petition was submitted upon the issues tendered by the answers to the petition and pertinent copies of the insurance policies involved. The defense tendered by El Dorado was that plaintiff had waived uninsured motorist coverage. AAA’s defense was that, pursuant to the terms of its policy, the injuries sustained while plaintiff'was operating a motorcycle…