Garrett

Plaintiff filed an action against defendant for declaratoiy relief, after defendant had made a demand for arbitration of an uninsured motorist accident. Following a nonjury trial, judgment was entered for plaintiff and defendant appeals.

It appears that defendant filed an application with Latin American Insurance Agency for insurance under California’s assigned risk plan. He paid the premium demanded by this producer; an employee of the producer told him that he was covered, beginning September 13, 1972. Plaintiff contended that its policy did not become effective until September 23, 1972, i.e., after defendant’s accident of September 16, 1972.

The facts are not in dispute, consisting of documents received in evidence by stipulation together with a stipulation that, if an employee of plaintiff took the witness stand, he would testify that no insurance is solicited by plaintiff, other than assigned risk insurance, except through employed sales agents; plaintiff pays a “commission” to the producer of an “assigned risk” policy; and a stipulation that, if defendant took the witness stand, he would testify that on September 13, 1972, he talked with a Mr. Lopez of Latin…