Biagini

Key Insurance Exchange appeals following confirmation by the superior court of an arbitration award of $5,889.40 made against Key and in favor of its insured, L. J. Biagini, Sr.

On November 30, 1961 Biagini sustained bodily injury in an automobile collision allegedly caused by the negligence of an uninsured motorist. On said date there was in effect a standard automobile liability insurance policy issued by Key to Biagini on July 16,1961.

Subdivision (a) of section 11580,2 of the Insurance Code provides that any such policy shall contain a provision “insuring the insured . . . for all sums within such [policy] limits which he . . . shall be legally entitled to recover as damages for bodily injury . . . from the owner or operator of an uninsured motor vehicle. ’'

Subdivision (e) of the same section requires that the policy “shall provide that the determination as to whether the insured shall be legally entitled to recover damages, and if so entitled, the amount thereof, shall be made by agreement between the insured and the insurer or, in the event of disagreement, by arbitration.’ ’

The provisions of the policy admittedly complied with these statutory requirements. However,…