Durst

This is a proceeding to review by writ of mandate an order of respondent court denying petitioner’s motion to require answers to interrogatories.

In the action pending in respondent court, petitioner, as plaintiff therein, seeks to recover under a personal disability policy issued by defendant, real party in interest herein, alleging that he was totally disabled from injuries arising out of an automobile accident on December 5, 1957. By its answer, defendant denied that plaintiff was injured in the accident or that he sustained disability and therefore nothing was due plaintiff under the policy.

Pursuant to requests for admissions, defendant made the following admissions: That plaintiff was in an automobile accident on December 5, 1957; that its policy of insurance issued to plaintiff was in full force and effect and that the premiums were fully paid on the date of the accident; that plaintiff gave to defendant due notice of claim of loss, and submitted proof of loss indicating accidental injuries had been sustained in the accident; that plaintiff entered the Santa Monica Hospital on December 25, 1957, and that he remained there until February 5, 1958. It was further admitted…