Tuesday, May 14, 2013

Judge Mazzoni of Lackawanna County Addresses Notice Requirement in UM Case

In his recent April 5, 2013 decision in the case of State Farm Mutual Automobile Insurance Company v. Roshan, No. 2010-Civil-3105 (C.P. Lacka. Co. 2013 Mazzoni, J.), Judge Robert A. Mazzoni entered a verdict in favor of Plaintiff, State Farm, in a nonjury proceeding concerning a declaratory judgment action involving a claim for automobile insurance benefits with regards to a “miss and run accident.”   

Judge Robert A. Mazzoni
Lackawanna County
The issue before the court was whether the Defendant injured party complied with the notice requirements of the MVFRL 75 Pa. C.S.A. §1702 concerning an accident with “an unidentified motor vehicle.”  

Judge Mazzoni found, based upon the record before the court, that the Defendant injured party failed to report the accident to “the police or proper governmental authority” within thirty (30) days as required under §1702.  As such, a non-jury verdict in favor of State Farm was entered by the court. 

Anyone desiring a copy of this Opinion may click this LINK.  

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