The defendant insurer brought a motion for summary judgment to dismiss the plaintiff's claim for unidentified motorist coverage.
The plaintiff alleged she was involved in a hit-and-run accident but failed to report it to the police or the insurer within the statutory timeframes, relying on alleged advice from an insurance broker's employee.
The court found the plaintiff failed to comply with the strict reporting requirements under the Insurance Act and the Uninsured Automobile Coverage schedule.
Applying the test for relief from forfeiture, the court held the plaintiff's conduct was unreasonable and the insurer suffered actual and potential prejudice by losing the opportunity to investigate.
The motion for summary judgment was granted and the action dismissed.
