O'SULLIVAN

We deem this appeal to be from an order of dismissal entered following the sustaining of a demurrer without leave to amend as to defendants the Salvation Army and Eagle Star Insurance Company. The appeal lies. (Code Civ. Proc., §§ 581d, 904.1, subd. (a).)

Facts

The facts are not in dispute. Michael James O’Sullivan alleges to have suffered personal injuries while riding as a passenger in a motor vehicle owned by the Salvation Army (Army) and being operated by one of its employees when that vehicle was struck in the rear by an uninsured motorist. The Army was possessed of a valid certificate of self-insurance issued in accordance with sections 16052 and 16053 of the Vehicle Code. The certificate contained no waiver of uninsured motorist coverage. In addition the Army had a policy of liability insurance issued by Eagle Star Insurance Company. It is alleged that this policy was excess above the amount of coverage for which the Army was self-insured and also contained no waiver of uninsured motorist coverage. Both the Army and Eagle Star refused to honor O’Sullivan’s uninsured motorist claim giving rise to this declaratory relief action. The demurrer was sustained on the…