Liberty Mutual Insurance v. Massey

GIBSON, J.S.C.

This case involves a determination of coverage under the uninsured motorist provisions of an automobile liability policy. At issue is whether an insured who is injured as a result of a collision with a second vehicle may seek recovery under her own policy when the second vehicle, although insured generally, is not being operated with the knowledge, consent or permission of its owner. There is a secondary issue as to whether coverage is alternatively available based on the status of the accident as a “hit-and-run” case.

Based on the stipulated facts it appears that plaintiff’s…