The defendant insurer, State Farm, brought a motion for summary judgment, arguing the plaintiff failed to provide sufficient evidence of an unidentified vehicle's involvement in a motorcycle accident to trigger coverage under either the OPCF 44R Family Protection Coverage Endorsement or the standard O.A.P. 1 minimum limits.
The court dismissed the motion, finding genuine issues requiring a trial on both coverage bases.
It held that physical evidence (motorcycle damage and a leg laceration) could constitute "other material evidence" under OPCF 44R, leaving its corroborative weight for a jury.
Furthermore, the plaintiff's credibility, despite some inconsistencies in statements, was not suitable for determination on a written record, thus precluding summary judgment under O.A.P. 1.
