Dunn v. Doe

JOHNSON, Judge:

This ease arises by certified questions from the Circuit Court of Ohio County and presents issues concerning this Court’s decision in Hamric v. Doe, 201 W.Va. 615, 499 S.E.2d 619 (1997). Modifying our prior law, which permitted recovery of uninsured motorist benefits only when an insured could prove that his/her injuries were the result of actual physical contact with a hit-and-run vehicle, we ruled in Hamric that uninsured motorist benefits are recoverable even in the absence of physical contact provided independent third-party evidence establishes that direct physical contact…