# Clark v. Regent Insurance Co.

> South Dakota Supreme Court · September 6, 1978 · 270 N.W.2d 26

URL: https://www.frixlaw.com/law-library/cases/9694142

## Case

- **Full name:** Joni M. CLARK, Plaintiff and Appellant, v. REGENT INSURANCE COMPANY, and Milbank Mutual Insurance Company, and John Doe, an Unidentified Driver of an Unidentified Motor Vehicle, Defendants and Respondents
- **Court:** South Dakota Supreme Court
- **Decided:** September 6, 1978
- **Citations:** 270 N.W.2d 26; 1978 S.D. LEXIS 206
- **Precedential status:** Published
- **Opinion:** Dissent by Dunn
- **Judges:** Zastrow, Wollman, Morgan, Dunn, Tice, Porter
- **Cited by:** 39 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9694142

## How later opinions describe it (automated extraction)

- 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

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9694142. Public record. Not legal advice.