BALESTRIERI v. HARTFORD ACCIDENT & INDEM. INS. CO.

No. 1 CA-CIV 2233.

22 Ariz. App. 255 (1974)

526 P.2d 779

Nicholas BALESTRIERI, Appellant, v. HARTFORD ACCIDENT & INDEMNITY INSURANCE CO., Appellee.

Court of Appeals of Arizona, Division 1.

Rehearing Denied November 1, 1974.

Review Granted December 17, 1974.


Attorney(s) appearing for the Case

Gorey & Ely by Joseph M. Bettini, Phoenix, for appellant.

Snell & Wilmer by Bruce Norton, Phoenix, for appellee.


OPINION

HATHAWAY, Chief Judge.

The question before us is whether an insurance company can contractually restrict its uninsured motorist coverage to situations in which there is physical contact between the insured and a "hit-and-run" vehicle without violating the legislative policy of A.R.S. § 20-259.01 requiring automobile liability insurers to provide uninsured motorist coverage.

The trial court made the following findings of fact to which neither...

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