Hulsey v. Mid-America Preferred Insurance Co.

OP ALA, Vice Chief Justice.

The dispositive issue on certiorari is whether the petition states a claim upon which relief can be granted. We answer in the affirmative.

While driving his pickup late one night, Robert L. Hulsey [insured] received a fatal gunshot wound to the head. The bullet came from another vehicle whose type, driver and occupants, if any, are not identified.1 The unidentified vehicle never made physical contact with the insured’s truck.

Judy Kay Hulsey [plaintiff], the insured’s widow, sued the uninsured motorist [UM] carrier, Mid-America Preferred Insurance Company [insurer],…