Anderson v. State Farm Mutual Automobile Insurance

I respectfully dissent. The court’s opinion today in no manner adequately addresses the critical question posed by this case: Is an indirect collision between a hit-and-run automobile and an insured’s vehicle sufficient to satisfy the “physical contact” requirement contained in the uninsured motorist clause of the insured’s automobile liability policy? Citing Balestrieri v. Hartford Accident & Indemnity Insurance Co., 112 Ariz. 160, 540 P.2d 126 (1975), the majority quickly concludes that there has been no such prerequisite physical contact when a hit-and-run vehicle collides with an…