Thursday, May 13, 2021

Issues of Material Fact Exist On Whether Plaintiff Properly Reported Uninsured Motorist Accident to Police

In the case of Calestini v. State Farm Mut. Auto. Ins. Co., No. 3:19-CV-01995 (M.D. Pa. April 13, 2021 Saporito, M.J.), the court addressed a Motion for Summary Judgment filed by the carrier in an uninsured motorist case on the issue of whether or not the underlying motor vehicle accident had been properly reported to the police as required under the policy.

According to the Opinion, the Plaintiff did not report the accident to the police on the date of the incident. The Plaintiff did report the accident, in person, to his insurance agent within six (6) days of the accident.

The Opinion also confirms that Plaintiff’s counsel reported the accident to the police after meeting with his client, which was approximately 106 days after the accident.

The court denied the carrier’s Motion for Summary Judgment after finding that there genuine issues of material fact presented on the issue of whether the Plaintiff reported the accident to the police in light of the evidence that the Plaintiff had reported the incident to his insurance agent and in consideration of the Plaintiff’s alleged learning disability and associated issues.

Anyone wishing to review a copy of this decision may click this LINK.

I send thanks to Attorney James J. Conaboy, of the Scranton, Pennsylvania law firm of Abrahamsen, Conaboy & Abrahamsen for bringing this case to my attention.

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