Are there any differences between an action based upon a probate decree of distribution and an action brought under section 11580 of the Insurance Code?

The second case cited by plaintiff, Gay v. Straube, supra, 245 Cal.App.2d 683, 54 Cal.Rptr. 293, is also inapposite. The court there held that two legatees who brought suit against an executrix to enforce a decree of distribution were suing upon the decree, hence were subject to the statute of limitations applicable to actions upon a judgment or decree. We agree with defendant that there is no real similarity between an action based upon a probate decree of distribution which finally established the rights of the legatees and the executrix, and an action brought under section 11580, subdivision (b)(2), of the Insurance Code, "on the policy and subject to its terms and limitations . . . ."