Marcia Lhotka v. Illinois Farmers Insurance Company

Summary

The Minnesota Court of Appeals affirmed summary judgment for Illinois Farmers Insurance Company in an action seeking uninsured-motorist benefits. The court held that a driver who stopped after striking the plaintiff, spoke with her about her condition, and left after she said she was okay did not commit a hit-and-run as a matter of law. The court also concluded that no genuine issues of material fact precluded summary judgment.

Holdings

1. The driver's conduct did not constitute a hit-and-run as a matter of law because she stopped after the accident, spoke with Lhotka about her condition, made no attempt to conceal her identity, and left only after Lhotka assured her that she was okay. Lhotka therefore was not eligible for uninsured motorist benefits under the policy.
2. No genuine issue of material fact precluded summary judgment because the material facts concerning the driver's conduct were undisputed, and whether the policy language covered the incident was a question of law.

Questions Presented

1. Whether the unidentified driver was a hit-and-run driver within the meaning of Lhotka's uninsured motorist policy and Minnesota law.
2. Whether genuine issues of material fact precluded summary judgment on the hit-and-run issue.

Disposition

affirmed