Safeco Insurance v. Vieth

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 restrain ing defendant insured from proceeding to arbitration. Temporary injunction issued, and defendant appealed. Thereafter, the case was submitted to the trial court on an agreed statement of facts, the court entered judgment declaring that the policy did not cover the accident here in issue, and defendant…