Smith v. Allstate Insurance Company

Me. Chiee Justice Dyee

delivered the opinion of the Court.

This is a declaratory judgment action brought by the insured, hereinafter referred to as the complainant, for a construction of certain provisions of the defendant Allstate’s uninsured motorist endorsement and the Uninsured Motorist Act of Tennessee (T.C.A. Sections 56-1148 through 56-1153). The Chancellor held that the “physical contact” requirement contained in the defendant’s policy is valid under the Uninsured Motorist Act; and that the so-called set-off provision of the uninsured motorist endorsement is likewise valid.

The case was…