Hansel

This is an appeal from a summary judgment declaring that the uninsured motorist clause in an automobile liability policy issued by respondent is inapplicable to an injury suffered by appellant. We affirm the judgment.

Facts

The parties agree on the pertinent facts. Respondent issued its policy of automobile liability insurance to appellant. The policy included uninsured motorist coverage as provided in Insurance Code section 11580.2. While the policy was in force, appellant observed Johnny Stevens driving a vehicle which appeared to be equipped with “mag wheels” which had been stolen from appellant. Appellant followed the Stevens vehicle. Stevens stopped his car and alighted from it. Appellant also was afoot. An altercation ensued. Stevens broke a bottle on the bumper of his car. He then acted as if he were getting into the auto and started to open the door. Appellant approached the Stevens car. Stevens “let [appellant] have it with the bottle" from a point behind the door while Stevens held the door in his grasp. Appellant suffered injury from the blow for which he now claims compensation, pursuant to his uninsured motorist coverage, from respondent. The Stevens…