The insurer brought a motion for partial summary judgment seeking a declaration that its liability under the OPCF 44R Family Protection Coverage was limited because there was no corroborative “other material evidence” of an unidentified vehicle involved in the accident.
The plaintiffs alleged the driver took evasive action to avoid an unidentified vehicle, causing a rollover collision and catastrophic injuries.
The court reviewed physical evidence including tire marks, sensor diagnostic data, police notes, and an accident reconstruction expert report.
The court held that this evidence, if accepted at trial, could constitute physical evidence indicating the involvement of an unidentified automobile within the meaning of the OPCF 44R endorsement.
As a result, a genuine issue requiring a trial existed and summary judgment was inappropriate.
