Masler v. State Farm Mutual Automobile Insurance Co.

894 S.W.2d 633, 1995 Ky. LEXIS 45, 1995 WL 124068
CourtKentucky Supreme Court
DecidedMarch 23, 1995
Docket93-SC-184-DG
StatusPublished
Cited by21 cases

This text of 894 S.W.2d 633 (Masler v. State Farm Mutual Automobile Insurance Co.) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Masler v. State Farm Mutual Automobile Insurance Co., 894 S.W.2d 633, 1995 Ky. LEXIS 45, 1995 WL 124068 (Ky. 1995).

Opinions

REYNOLDS, Justice.

As this case is premised upon the uninsured motorist statute, KRS 304.20-020, which insurance is fault-based coverage, the sole issue before the Court becomes whether or not the physical contact as described in the agreed statement of facts considered by both the trial court and the Court of Appeals is sufficient to bring an occurrence within the uninsured motorist coverage of appellee’s insurance policy.

A narrow issue exists because of the following stipulation of facts:

1. Plaintiff, John G. Masler, is the named insured on a policy of automobile liability insurance sold by Defendant, State Farm Mutual Automobile Ins. Co. (hereinafter “State Farm”).
2. On or about April 22, 1987, Plaintiff was driving his automobile northbound on National Turnpike when an unidentified truck with dual tandem wheels approached traveling southbound.
3. As the unidentified truck passed, a rock entered the windshield of Plaintiff’s vehicle striking Plaintiff and causing him injury.
4. The truck did not stop and remains unidentified.
5. There was no physical contact between the truck, itself, and Plaintiffs vehicle.

The applicable portion of the uninsured motorist statute states:

304.20-020. Uninsured vehicle coverage, insolvency of insurer. — (1) No automobile liability or motor vehicle liability policy of insurance insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance [635]*635or use of a motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto, in limits for bodily injury or death set forth in KRS 304.39-110 under provisions approved by the commissioner, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death, resulting therefrom; provided that the named insured shall have the right to reject in writing such coverage; and provided further that, unless the named insured requests such coverage in writing, such coverage need not be provided in or supplemental to a renewal policy where the named insured had rejected the coverage in connection with a policy previously issued to him by the same insurer.

The insurance policy relating to uninsured motorist coverage states, in pertinent part, as follows:

We will pay damages for bodily injury an insured is legally entitled to collect from the owner or driver of an uninsured motor vehicle. The bodily injury must be caused by accident arising out of the operation, maintenance or use of an uninsured motor vehicle.
UNINSURED MOTOR VEHICLE— means:
[[Image here]]
2. a “hit-and-run” land motor vehicle whose owner or driver remains unknown and which strikes:
a. the insured or
b. the vehicle the insured is occupying and causes bodily injury to the insured.

This is a facts-stipulated case for which there is no exacting authority to change the Court’s prior holdings and to circumvent the legislature’s policy in regard to the uninsured motorist statute, KRS 304.20-020. As the Minority view will acknowledge, this is a case in which the issue is a narrow one. The resultant stipulation of fact says it all: “There was no physical contact between the truck, itself, and the plaintiffs vehicle.”

Uninsured motorist insurance is a fault-based coverage obligating insurers to provide indemnification for injuries caused either by uninsured or unidentified motorists. This type of insurance coverage is neither an all-risk insurance designed to provide coverage for all injuries incurred, nor is it a no-fault motor vehicle insurance that provides coverage without regard to whether a plaintiff is legally entitled to recover damages from an uninsured or unidentified motorist. See Widiss, Uninsured and Underinsured Motorist Insurance, Section 9.2, page 443 (1992).

The accepted and recognized rationale for the “striking” requirement of a policy when the identity of a hit and run motorist is unknown is to foreclose fraudulent and collusive claims. Jett v. Doe, Ky., 551 S.W.2d 221 (1977), recognizes the purpose of the standard form provision which is contained in State Farm’s policy of insurance. The requirement means actual, direct, physical contact between the hit and run vehicle, itself, and the insured’s vehicle. See State Farm Mutual Automobile Insurance Co. v. Mitchell, Ky., 553 S.W.2d 691 (1977). This Court has chosen not to expand the actual, direct, physical contact requirement to indirect physical contact.

Other forums have chosen to extend coverage disputes ranging from the classic “no contact” situations to those where drivers speak of taking evasive action to avoid being struck by thrown or propelled objects. Such other cases have turned either upon legislative provisions statutorily mandating coverage or the applicable provisions of an insurance policy’s coverage terms describing the scope of protection.

In any event, it is clear, whether we agree or not, that the State Farm policy clearly and unambiguously provides that a hit and run vehicle must strike the insured or the vehicle occupied by the insured in order for uninsured motorist coverage to arise.

The terms of insurance coverage should not be extended beyond any clear or [636]*636unambiguous limit. The state enactment of uninsured motorist coverage provides a general outline of the coverage required and permits the various insurance companies to specifically define the limit and coverage terms. Even now, no one claims the conditions or terms of the contract to be unreasonable. See State Farm Mutual Automobile Insurance Company v. Christian, Ky., 555 S.W.2d 571 (1977). The “hit and run” insurance clause is not in conflict with the uninsured motorist coverage legislatively mandated in KRS 304.20-020. The wording in Kentucky’s statute is recognized to be different from that in other jurisdictions and in this state insurers can validly restrict, definition-ally, the term “uninsured motorist.” Jett, supra.

The treatment of the “physical contact” policy provision has continued uninterruptedly. Belcher v. Travelers Indemnity Co.,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Proctor v. Geico Gen. Ins. Co.
360 F. Supp. 3d 626 (E.D. Kentucky, 2019)
State Farm Mutual Automobile Insurance Co. v. Baldwin
373 S.W.3d 424 (Kentucky Supreme Court, 2012)
Weinstein v. Prudential Property & Casualty Insurance
233 P.3d 1221 (Idaho Supreme Court, 2010)
Auto-Owners Insurance Co. v. Goode
294 S.W.3d 32 (Court of Appeals of Kentucky, 2009)
Shelter Mutual Insurance Co. v. Arnold
169 S.W.3d 855 (Kentucky Supreme Court, 2005)
Nationwide Mutual Insurance Co v. Hatfield
122 S.W.3d 36 (Kentucky Supreme Court, 2003)
Burton v. Farm Bureau Insurance Co.
116 S.W.3d 475 (Kentucky Supreme Court, 2003)
Interstate Insurance v. Musgrove
11 F. App'x 426 (Sixth Circuit, 2001)
Sunny Ridge Enterprises, Inc. v. Fireman's Fund Insurance
132 F. Supp. 2d 525 (E.D. Kentucky, 2001)
Kentucky Central Insurance Co. v. Schneider
15 S.W.3d 373 (Kentucky Supreme Court, 2000)
Meyers v. Kentucky Medical Insurance Co.
982 S.W.2d 203 (Court of Appeals of Kentucky, 1997)
Chicago Insurance Co. v. Travelers Insurance Co.
967 S.W.2d 35 (Court of Appeals of Kentucky, 1997)
Masler v. State Farm Mutual Automobile Insurance Co.
894 S.W.2d 633 (Kentucky Supreme Court, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
894 S.W.2d 633, 1995 Ky. LEXIS 45, 1995 WL 124068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/masler-v-state-farm-mutual-automobile-insurance-co-ky-1995.