East v. Reserve Insurance Company

BRITT, Judge.

Plaintiff seeks to recover under the “Hit-and-Run Automobile” provision of his policy which provides in pertinent part as follows: “The term ‘hit-and-run automobile’ means an automobile, other than one in which an insured is a passenger, which causes an accident resulting in bodily injury to an insured, arising out of physical contact of such vehicle with the insured or with a vehicle which the insured is occupying at the time of the accident, * * (Emphasis added.) Plaintiff does not deny that it is incumbent on him to show that there was physical contact between the motorcycle…