Vieth

Two appeals arising from the same action are consolidated here. They turn on the same issue—construction of an exclusionary clause in a policy providing for uninsured motorist insurance. Plaintiff insurer filed its action for declaratory relief and for an injunction restrain ing defendant insured from proceeding to arbitration. Temporary injunction issued, and defendant appealed. Thereafter, the case was submitted to the trial court on an agreed statement of facts, the court entered judgment declaring that the policy did not cover the accident here in issue, and defendant appealed.

Defendant owned an automobile, and purchased from plaintiff a liability policy which included an uninsured motorist provision. Thereafter, he bought a motorcycle. Although the record here does not show whether the motorcycle was insured at all, the parties agree that it was not insured by plaintiff, and that no uninsured motorist coverage attached to any policy which may have covered it. On August 19, 1970, defendant drove his motorcycle and was injured when it collided with an automobile whose owners and driver carried no liability insurance. For purposes of this action, the parties stipulate…