Safeway Insurance v. Hister

On June 15, 1995, defendant Sanetta Hister (Hister) was involved in a hit-and-run accident. Hister sought uninsured motorist coverage from plaintiff Safeway Insurance Company (Safeway), claiming that she could not identify the owner or operator of the vehicle that hit her. On October 9, 1997, Safeway filed a declaratory judgment action to stay arbitration of Hister’s claim, alleging that the owner or operator of the hit-and-run vehicle was, in fact, ascertainable, thereby precluding uninsured motorist coverage under Hister’s policy. Safeway alleged that a description of the hit-and-run…