In re the Arbitration between Johnson & Lumbermen's Mutual Insurance

OPINION OF THE COURT

Hancock, Jr., J.

This appeal concerns the notice requirements in a standard uninsured motorist indorsement contained in a liability policy issued by appellant. The provision which applies to claims made under the policy for hit-and-run accidents requires that “the insured or someone on his behalf * * * shall have filed with the company within 90 days thereafter a statement under oath that the insured or his legal representative has a cause or causes of action arising out of such accident”.

The question presented is whether, when a hit-and-run accident results in the…