Alcazar v. Hayes
Tennessee Supreme Court
982 S.W.2d 845 (1998)
Relevant factsFree
Alcazar (plaintiff) suffered permanent brain damage after being thrown from a car while riding on its trunk; his mother's insurer, GEICO (defendant), wasn't notified for about a year because she didn't initially know Alcazar was covered under her policy's uninsured-motorist clause or how severe his injuries were. GEICO moved for summary judgment based on the policy's notice provision, and the trial court and court of appeals both ruled for GEICO under Tennessee's traditional rule treating notice as an absolute condition precedent.
IssueFree
Whether an insured always forfeits coverage for failing to give timely notice of an accident to the insurer.
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