Katz

The sole question presented here is whether the term “uninsured motor vehicle” as used in Insurance Code section 11580.2 includes a vehicle which was insured by a company which became insolvent after the vehicle’s operator had become liable for damages for bodily injury.

In this action for declaratory relief plaintiff is the insured and defendant her insurer under a policy of automobile insurance which includes protection against uninsured motorists. The ease was submitted to the trial court upon an agreed statement of facts, resulting in a judgment for defendant, from which plaintiff is appealing.

The stipulation of facts is not in the record on appeal, but counsel are agreed that it is correctly described in the trial court’s memorandum of decision, which we quote; “That on December 9, 1960, plaintiff had a policy of public liability insurance written by defendant and containing uninsured motorists coverage which, in terms, is the same as provided for by Section 11580.2 of the Insurance Code; that said policy afforded as much but no more protection than the code. Also, on the date of the accident, plaintiff was operating the insured vehicle and involved in a collision with a…