Voris

Plaintiff sued defendant Insurance Company for injuries inflicted upon her by an uninsured motorcyclist. She relied upon an endorsement which was attached to her automobile policy under date of June 30, 1959, to become effective on July 14, 1959. It contained an uninsured motorist liability provision as follows: “I. Damages for Bodily Injury Caused by Uninsured Automobiles. 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, sickness or disease, including death resulting therefrom, hereinafter called ‘bodily injury’, sustained by the insured, caused by accident and arising out of the ownership, maintenance or use of such uninsured automobile; provided, for the purposes of this endorsement, 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 fail to agree, by arbitration. ’ ’

The court granted a summary judgment in favor of defendant and plaintiff now appeals.

The…