Cole v. State Automobile & Casualty Underwriters

HARRIS, Justice.

This appeal is controlled by a choice of law. The question is whether Iowa or Minnesota law should govern an uninsured, hit- and-run motorist provision in an automobile insurance policy. The trial court, applying Iowa law, upheld the provision’s exclusion of liability where there is no actual physical contact. We believe Minnesota law should apply and accordingly reverse the trial court.

Plaintiffs, husband and wife, are both residents of Des Moines in Polk County, Iowa. The claim of Kathryn Cole is derived through injuries to her husband, Loren. Kathryn was not present when…