ROYAL GLOBE INS. CO. V. CRAVEN 585 N.E.2d 315 (1992) CASE BRIEF

ROYAL GLOBE INS. CO. V. CRAVEN

585 N.E.2d 315 (1992)

NATURE OF THE CASE: This was a dispute over liability for uninsured motorist coverage in an insurance policy. Royal (P), insurer, appealed from the trial court's grant of summary judgment for Craven (D), insured, in P's declaratory action under an uninsured motorist policy after defendant suffered personal injuries in a hit-and-run accident.

FACTS: Craven (D) suffered injuries from a hit and run accident. An unidentified car forced her off the road and she hit a wall barrier. D remained in intensive care for a number of days and was released 23 days after the accident. D gave Royal (P) notice of the accident over 120 days after the accident. P denied her claim and D filed a demand for arbitration. P filed a suit for a declaration that it had no obligation to submit to arbitration as it was not liable under the policy. A summary judgment was given D and P appealed. The issue was that D was obligated to give 24-hour notice for a hit and run accident and that because D was in the intensive care unit that requirement was excused. D claims that the requirement should not be excused once the disability was removed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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