ELY v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.

No. 670A96.

268 N.E.2d 316 (1971)

Steven Troy ELY, b/n/f Hobert H. Ely, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Defendant-Appellee. Hobert H. Ely, Plaintiff-Appellant, v. State Farm Mutual Automobile Insurance Co., Defendant-Appellee.

Appellate Court of Indiana, Division No. 1.

Rehearing Denied April 30, 1971.


Attorney(s) appearing for the Case

Daniel J. Harrigan, Bayliff, Harrigan, Cord & Maugans, Kokomo, for plaintiff-appellant.

Eugene J. McGarvey, Jr., Fell & McGarvey, Kokomo, for defendant-appellee.


SULLIVAN, Presiding Justice.

In companion cases against the defendant-insurer the complaints of the insured and his son, which alleged failure of the insurer to pay benefits for a hit-and-run accident under an uninsured motorist agreement, were dismissed pursuant to Trial Rule 12(B) (6). The respective rulings were based upon the fact that the complaints contained allegations that there was no physical contact with the uninsured vehicle as required by the policy....

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