Justice Doris Ling-Cohan
Pedestrian Alford sued insurer Fiduciary Insurance seeking no-fault benefits for injuries he sustained in a car accident. He was struck while crossing the street by a vehicle insured by Fiduciary, and taken by ambulance to the hospital. Alford and his attorney sought to obtain the identity of the vehicle that hit him, but were unable until June 1, 2009. Yet, Alford timely filed an application for benefits with the Motor Vehicle Accident Indemnification Corp. (MVAIC). MVAIC informed Alford the vehicle that struck him was insured by Fiduciary, and Alford contacted Fiduciary by telephone to file a no-fault application, but it was denied. Alford later notified Fiduciary in writing and sought reconsideration of the denial, but has received no response. The court found Alford showed entitlement to summary judgment, noting he documented his diligent efforts in obtaining the identity of the car that hit him. It also noted Fiduciary's denial of Alford's oral claim stated his late notice would be reconsidered upon submission of a written claim, which Alford provided, yet Fiduciary failed to reconsider the claim. Thus, Fiduciary's contention Alford failed to timely provide written notice was unpersuasive, and its cross-motion for summary judgment denied.
