Shmitka

Defendant appeals from a judgment in favor of an automobile insurance carrier, rendered in a declaratory relief action brought against him by the carrier. For the reasons set forth below, we affirm the judgment.

Statement of the Facts

On December 31, 1966, defendant Richard Shmitka was injured while riding in an automobile owned and operated by his friend Steven Swanson when it collided with another vehicle. Clarence Shmitka, the father of Richard, owned automobile insurance policy 4262415-6-19 issued by respondent Allstate Insurance Company, covering five described automobiles, wherein five insurance extension certificates were issued, each bearing uninsured motorist coverage of $10,000, and each separately paid for. This insurance policy was in full force and effect at the time of the accident and under its terms Richard was entitled to coverage since he resided in his father’s household at the time of the accident.

Pursuant to such coverage and the terms of the subject policy, Richard filed a claim against respondent with the American Board of Arbitration as outlined in section II of the same policy.

Before the arbitrator reached a decision, but after both parties…