Rankin

This is a proceeding to compel arbitration of claims under the uninsured motorists statute (Ins. Code, § 11580.2). Petitioner (hereinafter Rankin) an employee of Sully-Miller Contracting Company, a wholly owned subsidiary of Union Oil Company of California, was injured in separate motor vehicle accidents on May 13, 1973, and November 6, 1973, each of which occurred while Rankin was, in the course and scope of his employment, operating a vehicle owned by Sully-Miller. Each of the accidents involved motorists who allegedly were uninsured.

At the time of the accidents Sully-Miller and Union Oil were insured under a policy issued by Continental Insurance Company which provided general liability coverage including motor vehicle coverage. This policy made no express provision for uninsured motorist coverage. Rankin, while operating the Sully-Miller vehicle in the course and scope of his employment, was an additional insured under the Continental policy. Rankin was also an insured under his personal policy of automobile liability insurance issued by West American Insurance Company, which policy did contain a provision for uninsured motorist coverage.

On or about January 7,…