Valdez

Plaintiff, individually as a named insured and policy-holder, and as guardian ad litem of the incompetent widow and three minor surviving children of her deceased son, has appealed from a judgment in an action for declaratory relief which adjudged that the defendant insurer has no legal obligation to defend or pay any claims for damages alleged to be due to the plaintiffs by reason of the death of the named insured’s son.

The son was a resident of the named insured’s household at the time he was killed in a collision between a motorcycle he was operating and an uninsured motor vehicle. Admittedly, under the terms of the policy and the applicable statute, his heirs would be insured for all sums within the policy limits which they would be legally entitled to recover for his wrong ful death from the owner or operator of the uninsured motor vehicle, unless such coverage had been deleted in the manner provided by law. The controversy involves the scope of an endorsement entitled “Exclusion of Named Driver,” which reads: “It is agreed that such insurance as is afforded by this policy does not apply with respect to any claim arising from accidents which occur while any automobile is…