In reference to my last post here about the No-Fault decision Manges v. Travelers Prop. Cas. Corp., an extremely considerate reader forwarded me the Decision and Order (see here:   Download SCAN_35301024_000.pdf ).

The factual recitation in the decision indicates that the agent was, in fact, Plaintiff’s insurance agent.  Nevertheless, the decision appears sound because the No-Fault regulations allow the policyholder to go beyond the 90-day notice time period where there is a showing that the eligible injured person submits written proof that it was impossible to comply with such time limitation due to specific circumstances beyond such person’s control.  Here, Plaintiff’s agent gave her misinformation and Plaintiff ultimately found the hit-and-run driver’s information after her own investigation.  Considerations of equity prevailed in this instance.

Thank you to R. Greenspan for forwarding the opinion and order to me.