LeClair

This is an appeal by Allstate Insurance Company (hereafter insurer) from a declaratory judgment determining that the uninsured motorist coverage in the automobile liability policy issued to J. A. R. Le-Clair (hereafter insured) had not been waived. The insurer contends that the insured’s initial written waiver remained in effect even after the insured instructed the insurer’s agent to increase the protection and liability afforded by the policy, commensurate with the insured’s changed economic and professional status.

The record reveals the following facts, substantially as found by the trial court: In August 1964, the insured was a dental intern, newly arrived from Ohio, who asked the insurer’s agent, Mr. Vais, to provide a “bare-bones” policy, as the insured could not afford to purchase greater coverage. Vais provided the insured with the minimum $10,000/$20,000 coverage and explained that the insured could sign the written waiver of uninsured motorist coverage to save the additional cost of that premium. The insured did so.

In April 1965, the insured telephoned Vais and explained that he was about to engage in the private practice of dentistry and wanted Vais to…