Monday, February 13, 2023

Issues of Fact Preclude Summary Judgment In Uninsured Motorist Case on Question of Whether Hit And Run Accident Was Reported to Police

In the case of Smart v. Allstate Ins. Co., No. 2:21-CV-03910-WB (E.D. Pa. Jan. 12, 2023 Beetlestone, J.), the court denied the carrier’s Motion for Partial Summary Judgment relative to the Plaintiff’s breach of contract claims in this uninsured motorist hit and run accident case.

According to the Opinion, Allstate was seeking summary judgment on the grounds that the Plaintiff had not confirmed that he had notified both Allstate and the police about this hit and run accident immediately following the same.

According to the Opinion, while the Plaintiff and his attorney initially indicated that the accident was not reported to the police, thereafter, the Plaintiff clarified his response to indicate that the police were called immediately after the incident but did not respond.

The court denied the Motion for Partial Summary Judgment filed by the insurance company after finding that credibility issues relative to the Plaintiff rendered the questions presented to represent disputed issues to be decided by a jury.

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

I send thanks to Attorney Scott B. Cooper of the Harrisburg, PA law firm of Schmidt Kramer for bringing this case to my attention.

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