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SAFECO INS. CO. v. VIETH

Docket Nos. 30181, 31338.

33 Cal.App.3d 956 (1973)

109 Cal. Rptr. 493

SAFECO INSURANCE COMPANY OF AMERICA, Plaintiff and Respondent, v. FRED A. VIETH et al., Defendants and Appellants.

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

August 14, 1973.

Attorney(s) appearing for the Case

COUNSEL

DeMeo, DeMeo, Foster & Waner and John F. DeMeo for Defendants and Appellants.

Spridgen, Barrett, Achor, Luckhardt, Anderson & James and C. Kenneth James, Jr., for Plaintiff and Respondent.

OPINION

DRAPER, P.J.

Two appeals arising from the same action are consolidated here. They turn on the same issue — construction of an exclusionary clause in a policy providing for uninsured motorist insurance. Plaintiff insurer filed its action for declaratory relief and for an injunction restraining defendant insured from proceeding to arbitration. Temporary injunction issued...

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