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April 2022

Federal District Court Rules that Insurance Policy Provision was a Condition Precedent for Coverage

Plaintiff was involved in an automobile accident with a hit and run driver and allegedly suffered personal injuries. Plaintiff never reported the accident to law enforcement. Plaintiff asserted an uninsured motorist claim against her insurance carrier. The claim was denied because the policy required the Plaintiff to report accidents to law enforcement within 24 hours. The Court determined the reporting provision was a condition precedent for there to be coverage and granted the insurance carrier’s motion for summary judgment.  

The case was filed in the United States District Court, Southern District of Mississippi – Southern Division.  Attorneys Ed Taylor and Tom Julian successfully represented the insurance carrier.