The insurer brought a motion for partial summary judgment seeking to limit the plaintiff’s recovery to $200,000 on the basis that the plaintiff failed to provide the corroborative “other material evidence” required under the OPCF 44R Family Protection Coverage Endorsement for unidentified motorist claims.
The accident involved a motorcyclist who alleged he was cut off by an unidentified vehicle without physical contact.
The court considered whether medical evidence describing the mechanism of injury could constitute “physical evidence indicating the involvement of an unidentified automobile” under ss. 1.5(C) and 1.5(D)(ii) of the endorsement.
The court held that corroborative evidence need not be limited to skid marks or scene evidence and may include medical evidence extrinsic to the plaintiff’s self-report.
Because the consultation report describing an axial-load leg injury was consistent with the plaintiff’s account of evasive braking, a genuine issue requiring trial existed.
