Claude v. Guaranty National Insurance Co.

TERNUS, Justice.

The plaintiffs petition seeking uninsured motorist benefits for the deaths of her parents was dismissed on the defendant insurer’s motion for summary judgment. The district court ruled the decedents’ injuries were not caused by a “hit- and-run vehicle” because there was no “actual physical contact” between the decedents’ vehicle and the vehicle of the alleged uninsured motorist, as required by the policy definition of “uninsured motor vehicle.” The court concluded the policy requirement of physical contact did not violate public policy even where, as here, there was…