Opinion

Clark v. Regent Insurance Co.

  • 270 N.W.2d 26
  • 1978 S.D. LEXIS 206
Court
South Dakota Supreme Court
Filed
Sep 6, 1978
Status
Published
Author
Dunn
On the bench
Zastrow, Wollman, Morgan, Dunn, Tice, Porter
Cited by
39 cases

holding that the physical contact rule in “phantom car” situations was contrary to the purpose of uninsured motorist coverage statutes

How later courts described this case

  • holding that the physical contact rule in “phantom car” situations was contrary to the purpose of uninsured motorist coverage statutes
  • holding that uninsured motorist coverage is available when an unknown vehicle causes an accident and resulting damages
  • discussing various approaches; voiding contact provision on statutory grounds
  • protecting the insured party who is injured by another motorist

Written by the judges who cited it.

The opinion

*32 DUNN, Chief Justice

(dissenting).

The insurance company clarified what may or may not have been an ambiguity in the statute as to the meaning of “hit and run” by requiring physical contact in its contract before accepting liability. There is nothing in the statute forbidding the company to so limit its coverage.

I join in the dissent of Judge TICE.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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