Insurance - Automobile - Nebraska Supreme Court Upholds the Physical Contact Requirement for Phantom Vehicle Situations under Uninsured Motorist Coverage
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Authors
Wright, Norman H.
Issue Date
1978
Volume
11
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|In Grace v. State Farm Mutual Automobile Insurance Co. the Nebraska Supreme Court considered the validity of the requirement of physical contact between automobiles as a condition precedent for recovery under the "Uninsured Motorist Provision" of an automobile liability insurance policy. By statute every insurance carrier is required to provide uninsured motorist coverage with each automobile liability policy written in Nebraska.|Uninsured motorist coverage developed in the 1950's to provide relief for motorists injured by negligent uninsured and financially irresponsible motorists. This coverage permits an insured to recover under his own policy for physical injuries suffered in an accident caused by an uninsured motorist. Sinceits inception, uninsured motorist coverage has included coverage for injuries caused by a hit-and-run motorist. The definition of hit-and-run is contained in either the applicable insurance statute or the policy itself, and typically requires physicalcontact between the insured and the hit-and-run driver. Whether the definition of hit-and-run coverage in any given policy incorporates this contact requirement is the subject of this note...
Description
Citation
11 Creighton L. Rev. 222 (1977-1978)
Publisher
Creighton University School of Law