Krych

The fundamental issue on appeal is the legislative intent when in 1961 the Legislature altered the uninsured motorist insurance provision of the Insurance Code by inserting in Insurance Code, section 11580.2 as a part of the definition of an uninsured motor vehicle a requirement: “. . . that, with respect to an ‘uninsured motor vehicle’ whose owner or operator is unknown: (1) the bodily injury has arisen out of physical contact of such automobile with the insured or with an automobile which the insured is occupying.”

It is plaintiff’s claim that the requirement of physical contact was met by the emission of light from the high-beam headlights of an automobile coming toward the vehicle in which plaintiff was a passenger, whose driver, blinded by such lights, drove off the road into a telephone pole at 1:40 a.m. on a Sunday morning.

Plaintiff’s theory, presented by way of an amended complaint, was met by a general demurrer. The demurrer was sustained, plaintiff declared his intention not to amend, and for that reason the order stated the demurrer was sustained without leave to amend. Judgment of dismissal followed.

The complaint sought declaratory relief. Plaintiff…