TRAVELERS INDEM. CO. v. KOWALSKI

Docket No. 21796.

233 Cal.App.2d 607 (1965)

43 Cal. Rptr. 843

THE TRAVELERS INDEMNITY COMPANY, Plaintiff and Appellant, v. JOHN A. KOWALSKI, Defendant and Respondent.

Court of Appeals of California, First District, Division Three.

April 16, 1965.


Attorney(s) appearing for the Case

Weinmann, Rode, Burnhill & Moffitt and Cyril Viadro for Plaintiff and Appellant.

Smith, Parrish, Paduck & Clancy, Russell Bruno and Thomas Schneider for Defendant and Respondent.


SALSMAN, J.

Appellant sought a declaratory judgment that because respondent Kowalski did not comply with the terms of the automobile liability insurance policy issued to him by appellant, or with the provisions of Insurance Code section 11580.2, subdivision (c) (3), he had no right to assert a claim against appellant under the uninsured motorist coverage of the policy. The trial court denied the relief requested.

The facts are not in dispute. Appellant issued...

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