(DOWNLOAD) "State Automobile Mutual Insurance Company" by Supreme Court of Appeals of West Virginia * Book PDF Kindle ePub Free

August 03, 2021

eBook details

Title: State Automobile Mutual Insurance Company
Author : Supreme Court of Appeals of West Virginia
Release Date : January 20, 1990
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 81 KB

Description

1. The notice provisions of an automobile insurance policy ordinarily are activated in a case of uninsured or underinsured
motorist coverage, not when there has been an accident, but when the insured, with reasonable diligence, ascertains that the
alleged tortfeasor is uninsured or underinsured. 2. In an uninsured or underinsured motorist case, prejudice to the investigative interests of the insurer is a factor to
be considered, along with the reasons for delay and the length of delay, in determining the overall reasonableness in giving
notice of an accident. In the typical case, the insured must put on evidence showing the reason for the delay in giving notice.
Once this prerequisite is satisfied, the insurer must then demonstrate that it was prejudiced by the insured's failure to
give notice sooner. If the insurer fails to present evidence as to prejudice, then the insured's failure to give notice sooner
will not be a bar to the insured's recovery. If the insurer puts on evidence of prejudice, however, the reasonableness of
the notice ordinarily becomes a question of fact for the fact finder to decide.