The defendant insurer brought a motion for summary judgment to dismiss the plaintiffs' action for damages arising from a motor vehicle accident.
The plaintiff driver claimed he was cut off by an unidentified vehicle, causing him to lose control and crash into a ditch.
The insurer argued the accident was solely the plaintiff's fault and that there was no corroborating evidence of an unidentified driver as required by the OPCF-44 Family Protection Endorsement.
The court heard viva voce evidence, including from a newly discovered independent eyewitness who had called 911.
The court found the eyewitness's testimony credible and reliable, corroborating the plaintiff's account.
The insurer's motion was dismissed, and partial summary judgment was granted to the plaintiffs, declaring the accident was caused by an unidentified driver and the evidentiary requirements of the OPCF-44 endorsement were met.
