Young v. State Farm Mutual Automobile Insurance Co.

OPINION

SCHULTE, Justice.

This is an uninsured motorist case involving an accident where there was no physical contact between the insured Appellant and a hit-and-run driver. Appellee, defendant below, was granted a summary judgment denying the insured recovery under the uninsured motorist provision in his policy. We affirm.

It is uncontroverted that there was no physical contact between Appellant’s car and that of the hit-and-run driver. The contract of insurance issued consistent with Texas Insurance Code, art. 5.06-1 (Vernon 1981), provides that physical contact between the insured and the…