Attorney won a motion for summary judgment dismissing all claims against defendant insurance company for its insured's failure to cooperate with the investigation of an automobile accident resulting in appreciable prejudice to defendant

Attorney won a motion for summary judgment dismissing all claims against defendant insurance company for its insured's failure to cooperate with the investigation of an automobile accident resulting in appreciable prejudice to defendant. Plaintiff was the injured party in the automobile accident. The Court agreed there was no exception to the "appreciably prejudiced" standard for plaintiffs who do not have UIM coverage. The Court agreed that the present facts were compelling in showing that defendant was appreciably prejudiced because the insured's failure to cooperate prevented defendant from ascertaining the facts relevant to the determination: (1) of whether Defendant Driver, JOHN DOE, was a permissive user of insured's 1988 Plymouth; (2) of whether Defendant Driver, JOHN DOE, was a person expressly excluded from coverage on the subject matter policy; (3) of the identity of the Defendant Driver, JOHN DOE; and/or (4) of any relevant facts concerning the accident at issue including but not limited to the initial notification of the accident by the insured, the circumstances under which the insured vehicle was in the state, the identity of the person driving the insured vehicle who fled the scene of the accident by foot, and/or whether either person who fled was a person excluded from coverage.