Moritz Ex Rel. Moritz v. Farm Bureau Mutual Insurance Co.

SCHULTZ, Justice.

An action to enforce the uninsured motorist clause of an automobile insurance policy is the basis for this appeal. The determinant issue is whether an unknown vehicle with an unidentified driver which forced the insured vehicle off of a highway, without contact between the vehicles, is an uninsured motorist under the terms of the policy. In ruling on a motion for summary judgment, the trial court held that contact between the vehicles is a prerequisite to coverage under the policy definition of an uninsured motorist. We affirm.

Farm Bureau Mutual Insurance Company (insurer)…