Travelers Indemnity Co. v. Bell

Appellant, the insured under a policy issued by respondent company, appeals from an order setting aside an arbitration award in her favor.

On November 5, 1960, appellant was injured in an automobile accident with an uninsured motorist, Bruno Muehlmann. In effect on that date was a contract of automobile insurance between appellant and respondent Travelers Indemnity Co., which policy, in accord with then section 11580.2, Insurance Code (Stats. 1959, ch. 817, § 1, pp. 2835-7), contained an endorsement of Uninsured Motorist Coverage, among other things, obligating respondent company “To pay all sums which the insured or his legal representative shall be legally entitled to recover as damages from the owner or operator of an uninsured automobile because of bodily injury. . . sustained by the insured, caused by accident and arising out of the ownership, maintenance or use of such an insured automobile ; provided, for the purposes of this coverage, determination as to whether the insured or such representative is legally entitled to recover such damages, and if so the amount thereof, shall be made by agreement between the insured or such representative and the company or, if they…