Insurance — car insurance — repairs

The plaintiff filed an action in the Law Division against the defendant, GEICO Insurance Company, alleging that it wrongfully refused to pay for property damage to his car. The plaintiff appealed from an order granting summary judgment in favor of the defendant. The appellate panel affirmed, finding that Judge DeAvila-Silebi correctly found that the plaintiff failed to: (1) provide the defendant with notice of the loss "as soon as possible" after the accident; (2) preserve the damaged vehicle for inspection by the defendant's adjuster before two rounds of repairs were performed; and (3) preserve the damaged parts removed from the vehicle for inspection. In light of those facts, the insurance policy barred the plaintiff from pursuing a claim against the defendant for the property damage to his car.

Case Law Alert - 2nd Qtr 2010