QUESTION: Is Claimant’s late notice to his UM Insurer excused if he didn’t realize the extent of his injuries and thought the Defendant’s liability insurance would be enough to cover claim?
ANSWER: It is a “fact-based” question so it depends on the facts. Sometimes, yes. Sometimes no.
YES: See Progressive Mountain Ins. Co. v. Bishop (June 30, 2016) The trial court’s denial of the insurer’s motion for summary judgment was affirmed. [10 month and 25 day notice delay]
NO: See Geico General Ins. Co. v. Breffle (June 2, 2020) The trial court’s denial of the insurer’s motion for summary judgment was reversed. [More than 13 month notice delay]