A New York trial judge has dealt a blow to New York State’s insurance no-fault auto insurance notice requirement, under which insurers can deny coverage if a claim is not filed within a set period.
Following a trial before the Acting Supreme Court Justice Jeffery G. Berry, a no-fault policyholder has been awarded past medical expenses, lost wages and attorneys’ fees after the court granted summary judgment holding that her no-fault insurance company, Travelers Property Casualty Corporation, wrongfully denied her no-fault benefits on the grounds of late notice. The policyholder failed to file a claim within the prescribed period only because she was the victim of a hit-and-run and was informed by her agent that no claim could be filed until the other driver was identified, according to the trial record.
Judge Berry held that the plaintiff had “reasonable ground” for failing to submit timely notice and that her insurance policy therefore remained in force.
The case, Alison C. Manges v. Travelers Property Casualty Corp., No. 1036/00, was heard in New York Supreme Court, Orange County, and handed down on Aug. 18, 2005.
Topics New York
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