Prosk v. Allstate Insurance

MR. PRESIDING JUSTICE MURPHY

delivered the opinion of the court.

Plaintiffs seek coverage under the uninsured motorist provision of their insurance policy and a declaration that the policy’s definition of “hit-and-run automobile” is null and void to the extent that it requires physical contact between the unidentified automobile and the automobile which the insured is occupying. The court allowed defendant’s motion for judgment on the pleadings and a stipulation. Plaintiffs appeal.

Plaintiffs’ policy was dated February 27, 1964, and the complaint alleged that on January 3, 1965, while plaintiff,…