 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Wilson v. Progressive Northern Insurance Co.3/3/2005
Argued: October 13, 2004
Reargued: January 12, 2005
The plaintiff, Stephany Wilson, appeals an order of the Superior Court (Smukler, J.) granting summary judgment to the defendant, Progressive Northern Insurance Company (Progressive). Progressive cross-appeals. We reverse in part and affirm in part.
For summary judgment purposes, the parties do not dispute the following facts. On May 7, 2000, in Falmouth, Massachusetts, the plaintiff and a friend hailed a black, four-door Lincoln taxicab. The plaintiff's dog accompanied them. As the plaintiff and her dog were entering the taxicab, the taxi driver shut the car door on the dog's tail. The dog lunged toward the plaintiff and bit her face. The taxi driver transported the plaintiff to the Falmouth Hospital, where she received treatment for her injuries. The driver, however, left without providing the plaintiff any identifying information about himself or the taxi company. At the time of the accident, the plaintiff was a named insured under an automobile liability insurance policy issued by Progressive.
On June 13, 2000, the plaintiff's attorney contacted the Falmouth Police Department to report the accident and request assistance in determining the identity of the taxi driver or taxi company. Two days later, the plaintiff's attorney contacted the Town of Falmouth Board of Selectmen in a further effort to obtain information about the taxi driver or company, but to no avail. On June 29, 2000, the plaintiff's attorney again contacted the police, but the police were unable to supply them with any information about the taxi driver or company.
By letter dated January 9, 2001, the plaintiff notified Progressive of the accident and filed an uninsured motorist (UM) claim. When Progressive denied the claim, the plaintiff filed a petition for declaratory judgment. Both parties moved for summary judgment. The trial court granted Progressive's motion and denied the plaintiff's, concluding that although the plaintiff's injuries arose from the use of a "hit-and-run" vehicle, her delay in reporting the accident prejudiced Progressive and, thus, she violated the policy's reporting provisions. Both parties appealed.
The plaintiff argues that the trial court erred in granting Progressive's motion for summary judgment because: (1) Progressive did not meet its burden of demonstrating that her delay in reporting prejudiced its efforts to investigate the accident; (2) the reporting provisions of the policy are not a mandatory condition for UM coverage to apply; and (3) the reporting provisions of the policy are inconsistent with New Hampshire's Accident and Financial Responsibility Act, see RSA ch. 264 (2004 & Supp. 2004), and are, therefore, void as a matter of law. Progressive contends that although the trial court properly granted summary judgment based upon the plaintiff's failure to comply with the reporting provisions of the policy, it erred in concluding: (1) that the taxicab was a "hit-and-run" vehicle; and (2) that the plaintiff's injuries arose from the use of the taxicab.
When reviewing a trial court's grant of summary judgment, we consider the affidavits and other evidence, and all inferences properly drawn from them, in the light most favorable to the non-moving party. Estate of Joshua T. v. State, 150 N.H. 405, 407 (2003). If our review of the evidence does not reveal any genuine issue of material fact, and if the moving party is entitled to judgment as a matter of law, we will affirm the trial court's decision. Id. We review the trial court's application of the law to the facts de novo. Id.
I. Prejudice
We begin by considering the plaintiff's first issu
Page 1 2 3 4 5 6 7 8 New Hampshire Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|