Lawrence v. Beneficial Fire & Casualty Insurance

FREY, Superior Court Judge.

This is an appeal by the plaintiffs (appellants) from a judgment granting defendants’ (appellees’) motion to dismiss and further granting summary judgment against plaintiffs’ Count I for declaratory judgment as to the rights and duties of plaintiffs and defendants under the “uninsured motorist” clause of a policy of insurance issued to plaintiffs by defendants.

The only issue involved is whether an unknown motorist proximately causing an accident should be deemed to be driving “an uninsured highway vehicle” under an uninsured motorist provision of insurance policies…