Clark v. Regent Insurance Co. , 1978 S.D. LEXIS 206 ( 1978 )

DUNN, Chief Justice

(dissenting).

The insurance company clarified what may or may not have been an ambiguity in the statute as to the meaning of “hit and run” by requiring physical contact in its contract before accepting liability. There is nothing in the statute forbidding the company to so limit its coverage.

I join in the dissent of Judge TICE.