Trosclair v. CNA Insurance Co.

WARD, Judge.

Steve and Michelle Trosclair, husband and wife, sued Transportation Insurance Company1, their uninsured motorist carrier, alleging they sustained injuries when their vehicle was rear ended by a “phantom” hit and run driver September 9, 1988.

Transportation moved for a summary judgment, claiming their insureds, Mr. and Mrs. Trosclair, refused to cooperate with its investigative efforts, thereby unfairly prejudicing its rights. In granting Transportation’s motion, the trial court noted:... plaintiffs have been uncooperative with the defendant to such a degree that the defendant was…