Kiem to v. State Farm Mutual Insurance

This is a “phantom vehicle” case, in which plaintiffs Kiem To and Chuc Nguyen are attempting to recover under an uninsured motorist provision of their automobile insurance policy for injuries resulting from an accident that they allege was caused by an unidentified vehicle. At issue is the proper construction of a clause in plaintiffs’ policy, which is based on ORS 742.504(2)(g), providing that the facts of phantom vehicle accidents must be corroborated by the testimony of someone other than a person who “has a claim” against the insurer resulting from that accident. Plaintiffs attempted to…