Krych v. Mercury Casualty Co.

Opinion

WHELAN, J.

The fundamental issue on appeal is the legislative intent when in 1961 the Legislature altered the uninsured motorist insurance provision of the Insurance Code by inserting in Insurance Code, section 11580.2 as a part of the definition of an uninsured motor vehicle a requirement: “. . . that, with respect to an ‘uninsured motor vehicle’ whose owner or operator is unknown: (1) the bodily injury has arisen out of physical contact of such automobile with the insured or with an automobile which the insured is occupying.”

It is plaintiff’s claim that the requirement of physical…