Insurer has no basis to argue for dismissal for failure to obtain a guardian due to age-related cognitive disabilities.

The court determined that an insurer has no basis to obtain a dismissal based on an elderly insured's failure to file for guardianship. The plaintiff suffered from age-related cognitive disabilities and had granted power of attorney to her son. The insurer claimed that the sworn proof of loss filed in association with a burglary was fraudulent and had been instigated by the son, not the plaintiff. The insurer argued that the plaintiff was required to seek a guardian for herself as a condition of pursuing the lawsuit. This argument was found to be frivolous.

Case Law Alerts - 2nd Quarter 2013