State Farm Fire and Casualty Company v. Lambert

JONES, Justice.

Is the “physical contact” requirement in a “hit-and-run” clause in the uninsured motorist provision of an automobile liability insurance policy in derogation of the Alabama Uninsured Motorist Statute?

While the posture of the proceedings below is not entirely clear, all parties in interest concede that our answer to the foregoing question is dispositive of this appeal. We answer, as did the court below, in the affirmative; and, accordingly, we affirm. 1

This is a case of first impression in Alabama. The pertinent provisions of each policy are as follows:

“COVERAGE U — UNINSURED…