Smith v. General Casualty Insurance

¶ 1. Petitioner Gary K. Smith (Smith) drove the last car hit in a three-vehicle collision. This collision, subsequently referred to as a chain reaction collision, was set into motion by a vehicle driven by an unidentified hit-and-run driver. In a suit arising from the accident, Smith brought a claim against General Casualty Company of Wisconsin (General Casualty), 1 demanding coverage under the uninsured motorist policy covering the vehicle operated by Smith.

¶2. Smith asserts that Wisconsin's uninsured motorist statute mandates coverage when an unidentified hit-and-run vehicle strikes an…