Mavashev v. Windsor Insurance Co.

Opinion by

Judge STERNBERG. *

The determinative issue in this appeal is whether an uninsured motorist (UM) insurance contract that contains a corroboration clause is void as a violation of public policy.

The clause provides that, in a hit-and-run accident where the vehicles do not make contact, the policy will provide coverage only if the fact of the accident is corroborated by evidence other than the testimony of a person making a claim under the policy. We find this provision to be contrary to public policy and therefore reverse the judgment that reached a contrary conclusion.

On the night of…