Texas Farmers Insurance Co. v. Deville

I agree with Justice Wilson’s reasoning and his result, but I would say more about the statutory requirement of “actual physical contact.”

I. Was the unknown vehicle a “hit and run” vehicle within definition 2?

Farmers says no because there was no “actual physical contact” between the unknown vehicle and the insured, as required by Tex. Ins.Code Ann. art. 5.06-1 (2)(d) (Vernon Supp.1999). The policy does not use the term “actual physical contact” or “physical contact.” It grants' coverage if the unknown vehicle “hits” the insured. The policy language is therefore arguably more favorable to the…