Ehlers v. Colonial Penn Insurance

The following issues are presented on appeal:

1. Did the plaintiff give notice of the accident as soon as practical?

2. Did the plaintiff rebut the presumption of prejudice which results from untimely notice?

3. Did the defendant’s disclaimer of liability relieve the plaintiff of the requirement to submit proofs of loss?

Notice of Accident

The parties do not dispute the fact that the defendant was not notified of the accident which caused the plain tiff’s injuries until March 7, 1974 — a lapse of almost twelve and one-half months after the accident. What the parties do dispute, however, is whether…