In The News

Berger Kahn Prevails in Uninsured Motorist Benefits Case

(filed under: In The News | August 31, 2012)

Berger Kahn Associate Erin Mindoro and Principal David Ezra obtained a favorable judgment on August 20, 2012 in a case involving alleged uninsured motorist benefits and bad faith claims handling.  Berger Kahn represented the insurer who provided uninsured motorist benefits.  The policyholder alleged a hit-and-run incident.  While the purported accident victim was able to seek medical treatment shortly after the purported hit-and-run incident, the incident was not reported to police for approximately two days.  The policy followed Insurance Code section 11580.2, requiring prompt reporting of hit-and-run accidents to police within 24 hours.  The insured argued that the 24-hour reporting requirement should be relaxed unless the insurer could establish prejudice or prove that the purported accident was in fact fraudulent.  The trial court disagreed, adopting Berger Kahn’s contrary reasoning and argument, and ruling that the insured was not entitled to uninsured motorist benefits because of the failure to comply with prompt reporting requirements.