Carroll

Plaintiff has appealed from an adverse judgment in an action in which it sought a declaration that its policy issued to the corporate defendant did not cover a claim of the individual defendant for damages for personal injuries allegedly suffered as the result of physical contact of a “hit-and-run” automobile with the automobile of his employer, the policyholder, which the employee was occupying at the time as an additional insured.

At the trial the evidence consisted of certain documents and the testimony of the claimant, the testimony of a claims supervisor of plaintiff, and, by deposition, the testimony of a highway patrol officer to whom the accident was reported and who conducted the only investigation that was made. At the request of the court the facts adduced were summarized in an agreed statement of facts. The findings of fact, which are a part of the judgment, set forth substantially all the matters in question.

They reflect that on May 12, 1962, while the policy, which contains “uninsured motorist coverage,” was in force, the individual defendant while occupying the policyholder’s, his employer’s, automobile was involved in an accident, in which there was physical…