Kirkley

Defendant appeals from, an adverse judgment in an action for declaratory relief.

27ze Facts

On February 14, 1969, plaintiff and three other people were seriously injured in an automobile accident in Charlotte, North Carolina. Plaintiff and the other injured persons were occupants of a vehicle owned and operated by plaintiff’s brother, a resident of North Carolina. This vehicle was struck by another vehicle driven, allegedly negligently, by W. A. Kranick. Kranick carried liability insurance coverage with limits of $10,000 for injury to one person and $20,000 for injury to more than one person. These liability limits complied with the financial responsibility requirements of the State of North Carolina. The respective claims of the four injured persons each exceeds $10,000, and, for practical purposes, there is only $5,000 available for payment of plaintiff’s claim from Kranick’s liability insurance carrier.

Prior to February 14, 1969, in Orange County, California, defendant issued and delivered to plaintiff an automobile liability insurance policy, which included uninsured motorist coverage as required by section 11580.2 of the California Insurance Code with limits of…