Pikey v. General Accident Insurance Co. of America

CRANE, Chief Judge.

Husband was injured when his automobile hit a concrete median. He and his wife filed an action against his uninsured motorist carrier which had denied coverage because he had not promptly notified police of the involvement of a phantom vehicle. The jury awarded plaintiff $750,000.00 in damages and plaintiffs wife $205,000.00 for loss of consortium. These verdicts were reduced by the amounts of previous settlements. The trial court entered judgment notwithstanding the verdict for defendant insurer.

On appeal plaintiffs contend that they were excused from their failure to…