Shelter Mutual Insurance Company v. Arnold

Summary

The Kentucky Supreme Court held that an indirect hit in a chain-reaction automobile accident satisfies the "hit" requirement in a hit-and-run provision of an uninsured motorist insurance policy. Coverage was available where the unidentified vehicle struck an intermediate vehicle, which then struck the insured vehicle, even though there was no direct contact between the unidentified vehicle and the insured vehicle. The court affirmed the Court of Appeals and remanded the case for further proceedings.

Holdings

1. An indirect hit resulting from a chain-reaction accident initiated by a hit-and-run motorist satisfies the hit requirement in Shelter's definition of a hit-and-run motor vehicle, even though the hit-and-run vehicle did not directly contact the insured vehicle.
2. Kentucky's uninsured-motorist statute does not require insurers to provide coverage for hit-and-run accidents, but an insurer may voluntarily provide such coverage subject to contractual definitions and conditions.

Questions Presented

1. Whether the hit requirement in Shelter's uninsured-motorist policy is satisfied when an unidentified hit-and-run vehicle strikes an intermediate vehicle, which then strikes the insured vehicle.
2. Whether an indirect hit through an intermediate vehicle satisfies the policy's physical-contact requirement and supports uninsured-motorist coverage.

Disposition

affirmed