English v. Allstate Insurance Co.

SCHOTT, Chief Judge.

This is a wrongful death claim for a motorcyclist against his uninsured motorist (UM) insurer. This was a hit and run accident to which there were witnesses, but the insurer claimed no coverage because there was no physical contact by the automobile with the motorcycle or with the cyclist. The trial court granted summary judgment dismissing plaintiffs’ suit and they have appealed claiming there are genuine issues of material fact.

Appellants rely on three depositions. The first was of Charles Beckman who was driving in the left lane when the cycle passed him on the right…