The appellant appealed a summary judgment dismissing his action against his own motor vehicle liability insurer for uninsured or unidentified automobile coverage.
The appellant was struck from behind in a motor vehicle accident and argued that if the jury found neither of the two identified drivers liable at trial, he should be able to recover under the uninsured/unidentified automobile coverage.
The Court of Appeal upheld the dismissal, finding that there was no unidentified automobile involved in the accident and that the sole question at trial would be which, if either, of the two known vehicles or drivers was legally responsible.
