A West Virginia uninsured motorist policy specified that the policyholder must report an accident to police within 24 hours. But that’s not enough to negate a claim, the West Virginia Supreme Court of Appeals decided this week.
The West Virginia National Auto Insurance Co. policy for Danny and Jackie Dobbins also noted that the insurer has no duty to provide coverage if the failure to report the incident “is prejudicial to us,” the court explained in overturning a lower appeals court decision in the case.
The couple did report the crash to the insurance company within four days, and West Virginia National began its own investigation of the claim.
“… We conclude that, under the clear and unambiguous language of the subject policy, West Virginia National was required to prove that its investigative interests were prejudiced by petitioners’ failure to report the accident to a police, peace, or judicial officer within twenty-four hours,” the high court wrote in its May 21 opinion.
The carrier failed to prove any prejudice was caused by the delay in reporting to authorities, the justices said.
The Dobbins said their pickup truck was struck by another truck that left the scene. They had delayed reporting to police because the 2018 accident happened on a Friday afternoon and the following Monday was a legal holiday. The couple also have difficulty reading, which thwarted their understanding of the auto policy requirements.
The auto insurer soon denied the uninsured motorist claim, based exclusively on the policyholder’s failure to report to police within 24 hours, per the policy wording.
The court’s opinion, penned by Justice Charles Trump, noted that previous court rulings have established that failure to notify authorities does not automatically bar UM coverage. In this case, the auto policy also made it clear that the insurer had to show that a delay in reporting was prejudicial to the carrier.
“We find these provisions to be clear and unambiguous,” the court held. “Under the policy itself, West Virginia National was required to prove it was prejudiced by petitioners’ failure to report the accident to police within twenty four hours.”
Biffle, his wife and his two children, along with three others, died in the Dec. 18 crash, which remains under investigation by the NTSB. Some survivors of those killed are suing the estates of Biffle and the pilot for millions of dollars.
According to a search warrant affidavit, the husband being investigated met Biffle when the former driver used his private helicopter to deliver aid after Hurricane Helene. The woman attended a Christmas party at the Biffles’ home in Mooresville, North Carolina, weeks before the crash.
Authorities reported a break-in at the home on Jan. 8, saying $30,000 in cash, two Glock handguns and NASCAR memorabilia were stolen. Search warrants were later executed at two sites, one near the Biffles’ residence and another in a nearby county.
A person seen on surveillance video, identified as a woman, appeared to be familiar with the large home’s layout, including the locations of cameras, closets and a safe room, a detective wrote in a search warrant affidavit. The intruder spent nearly six hours inside the house the night of Jan. 7 into the following morning.
Evidence showed a cellphone and multiple devices were active on the property during that time, according to the warrant. The only people allowed to be there would’ve been the administers of the estate, but they weren’t present.
