Clements v. United States Fidelity & Guaranty Co.

The opinion of the court was delivered by

Lockett, J.:

Plaintiff, who was injured when an unidentified vehicle forced the vehicle she was driving off the road, made a claim under her automobile insurance policy’s uninsured motorist coverage. Her insurance company denied coverage under the terms of the policy. Plaintiff filed suit against her insurance carrier, claiming that she was covered under the policy or, if not covered, that K.S.A. 40-284(e)(3), which allows insurance companies to exclude coverage for hit and run accidents when there is no physical contact with the uninsured motor vehicle…