The defendant insurer brought a motion for summary judgment to dismiss the plaintiffs' action arising from a motor vehicle accident.
The insurer argued the plaintiffs failed to comply with policy conditions requiring timely notice and corroboration of an unidentified motorist.
The plaintiff driver claimed her memory of an oncoming vehicle causing the crash returned gradually after suffering severe injuries and hallucinations.
The court dismissed the motion, finding that the plaintiff's credibility, recovered memory, and potential entitlement to relief from forfeiture under section 129 of the Insurance Act were genuine issues requiring a full trial.
