Cross v. State Farm Mut. Auto. Ins. Co.

....

2. a "hit-and-run" land motor vehicle whose owner or driver remains unknown and which strikes:

a. the insured ; or

b. the vehicle the insured is occupying

and is the proximate cause of bodily injury to the insured.

(Emphasis in policy.)

Cross argues on appeal that she was entitled to UM coverage because she presented a question of fact on the issue of whether she was legally entitled to collect from the owner or driver of an uninsured vehicle. This language is consistent with the language of section 23-89-403, which states that its purpose is to protect those who are legally entitled to…