Marquez

— This is an appeal by defendant and cross-complainant Marquez from a judgment in favor of plaintiff and cross-defendant Interinsurance Exchange of the Automobile Club of Southern California (hereinafter Exchange). Exchange brought its actions for declaratory relief and injunction; Marquez answered and cross-complained as a class action for declaratory relief.

There is no dispute as to the facts and we quote them as presented to us in the briefs: “In November of 1974, Marquez was injured by an uninsured motorist during work. He filed a workers’ compensation claim and subsequently filed an uninsured motorist arbitration proceed ing against the Auto Club. His workers’ compensation claim has been

resolved with the compensation carrier paying Marquez $1,445 in temporary disability benefits and $2,880 in permanent disability benefits. In addition, the workers’ compensation carrier paid medical facilities and other third parties the sum of $11,333.34 for the medical services contracted by the compensation carrier. After the resolution of the workers’ compensation matter, Marquez proceeded with his uninsured motorist claim which was moving toward arbitration before the…