Kahn

—Plaintiff appeals from a summary judgment dismissing her personal injury action against respondent, the uninsured driver of an automobile which was involved in an accident with a city bus in which appellant was a passenger. The court entered summary judgment of dismissal upon the following showing made by respondent: (1) Appellant’s own automobile liability insurance policy included a provision, made available to her under Insurance Code, section 11580.2, for her to recover from her own insurer any damages for bodily injury for which an uninsured motorist is found to be liable. (2) Appellant’s insurer disputed the claimed liability of respondent; accordingly, under Insurance Code, section 11580.2, subdivision (e), the claim was submitted to arbitration. (3) The arbitrator denied appellant’s claim. The insurer has thus far not sought judicial confirmation of the arbitration award under Code of Civil Procedure, section 1285. Nevertheless, because the time within which appellant could have petitioned a court to vacate or correct the award has expired (Code Civ. Proc., §1288), the court upheld respondent’s contention that all issues determinative of respondent’s liability are res…