A West Virginia uninsured motorist policy specified that the policyholder must report an accident to police within 24 hours. But that’s not enough to negate a claim, the West Virginia Supreme Court of Appeals decided this week.
The West Virginia National Auto Insurance Co. policy for Danny and Jackie Dobbins also noted that the insurer has no duty to provide coverage if the failure to report the incident “is prejudicial to us,” the court explained in overturning a lower appeals court decision in the case.
The couple did report the crash to the insurance company within four days, and West Virginia National began its own investigation of the claim.
“… We conclude that, under the clear and unambiguous language of the subject policy, West Virginia National was required to prove that its investigative interests were prejudiced by petitioners’ failure to report the accident to a police, peace, or judicial officer within twenty-four hours,” the high court wrote in its May 21 opinion.
The carrier failed to prove any prejudice was caused by the delay in reporting to authorities, the justices said.
The Dobbins said their pickup truck was struck by another truck that left the scene. They had delayed reporting to police because the 2018 accident happened on a Friday afternoon and the following Monday was a legal holiday. The couple also have difficulty reading, which thwarted their understanding of the auto policy requirements.
The auto insurer soon denied the uninsured motorist claim, based exclusively on the policyholder’s failure to report to police within 24 hours, per the policy wording.
The court’s opinion, penned by Justice Charles Trump, noted that previous court rulings have established that failure to notify authorities does not automatically bar UM coverage. In this case, the auto policy also made it clear that the insurer had to show that a delay in reporting was prejudicial to the carrier.
“We find these provisions to be clear and unambiguous,” the court held. “Under the policy itself, West Virginia National was required to prove it was prejudiced by petitioners’ failure to report the accident to police within twenty four hours.”
Topics Law Enforcement
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