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Clementi v. Nationwide Mutual Fire Ins. Co.
Citation:
16 P.3d 223 (2001)Facts
On March 11, 1994, James Clementi, a Colorado state trooper, was injured in an automobile accident while on duty. In August 1994, he learned that the other driver’s policy limit was $50,000. By March 1995, Clementi’s physician determined he had reached maximum medical improvement with a seventeen percent impairment rating, and he was awarded approximately $43,000 in workers’ compensation benefits. At this point, Clementi reasonably could have known that his damages would exceed the other driver’s policy limits. However, he did not notify Nationwide of his UIM claim until August 1995, five months after he could have reasonably known the other driver was underinsured and seventeen months after the accident. In April 1996, Clementi received $50,000 from the other driver’s insurer. Nationwide sought to deny coverage based on the Clementis’ failure to provide timely notice “as soon as practicable” as required by the policy.
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