Hartman

This appeal is taken from a judgment entered following a nonjury trial in a declaratory relief action. The sole issue raised by appellant is whether the failure to recite language prescribed in Insurance Code 1 section 11580.2, subdivision (a)(2), in an agreement to waive uninsured motorist coverage establishes as a matter of law that the insured did not waive uninsured motorist coverage. We will conclude that the failure to include such language in the agreement does not conclusively establish lack of waiver, and we will affirm the judgment.

Statement of the Facts and Trial Court Proceedings

An action for declaratory relief was filed by appellants, surviving children of Loren Hartman, deceased, in which they contended that although their *1075 father had signed a waiver of uninsured motorist coverage, the waiver was ineffective because it did not comply with the mandatory language of section 11580.2, subdivision (a)(2), as it read in 1984 when the waiver agreement was signed. At trial, appellants relied solely upon documentary evidence to support their contention.

Respondent’s theory was that regardless of whether or not the language of the waiver agreement was…