STATE FARM FIRE AND CASUALTY COMPANY v. LAMBERT

S.C. 346.

285 So.2d 917 (1973)

STATE FARM FIRE AND CASUALTY COMPANY and Southern Guaranty Insurance Company et al. v. Ronnie LAMBERT.

Supreme Court of Alabama.

November 15, 1973.


Attorney(s) appearing for the Case

Pillans, Reams, Tappan, Wood, Roberts & Vollmer and Geary A. Gaston, Mobile, for appellant, State Farm Fire & Casualty Co.

Collins, Galloway & Murphy and Robert H. Smith, Mobile, for appellant, Southern Guaranty Ins. Co.

James R. Owen, Bay Minette, for appellee.


JONES, Justice.

Is the "physical contact" requirement in a "hit-and-run" clause in the uninsured motorist provision of an automobile liability insurance policy in derogation of the Alabama Uninsured Motorist Statute?

While the posture of the proceedings below is not entirely clear, all parties in interest concede that our answer to the foregoing question is dispositive of this appeal. We answer, as did the court below, in the affirmative; and, accordingly...

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