By: Derek Hawkins//March 22, 2017//
WI Court of Appeals – District III
Case Name: Robert H. Shugarts, II et al v. Dennis M. Mohr, et al
Case No.: 2016AP983
Officials: Stark, P.J., Hruz and Seidl, JJ.
Focus: Underinsured Motorist Coverage
Robert H. Shugarts, II, was injured in an automobile accident. More than four years after the accident and over one year after commencing a lawsuit against the other driver and that driver’s insurer, Shugarts wrote to his underinsured motorist (UIM) carrier, Allstate Property and Casualty Insurance Company, notifying it of an underinsured motorist claim arising from the accident. The circuit court ultimately granted Allstate summary judgment, concluding as a matter of law that Shugarts failed to provide Allstate with timely notice of his UIM claim, and that Shugarts had not rebutted the presumption that Allstate was prejudiced by the untimely notice. We agree with the circuit court’s conclusions. We therefore affirm the judgment dismissing Shugarts’ UIM claim against Allstate.
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