Royal Insurance Co. of America v. Austin

ALPERT, Judge.

In this case of first impression we are called upon inter alia, to decide whether the undefined term “hit and run vehicle” in an automobile insurance policy’s uninsured motor vehicle’s coverage excludes accidents where there has been no contact between the insured’s vehicle and the “phantom” vehicle.

The parties have agreed that:

“a motor vehicle accident ... occurred on February 24, 1984, when a truck driven by the Appellee was forced off the road by an unidentified truck (phantom vehicle) which had failed to negotiate a turn and crossed the double yellow line coming into the…