Royal-Globe Ins. Co. v. Craven 411 Mass. 629, 585 N.E.2d 315 (Mass. 1992)
Craven was injured by a hit-and-run driver and spent almost a month in the hospital. She didn't get around to filing a claim with her insurance company, Royal-Globe, until four months after the accident. Royal-Globe denied her claim because she didn't report in a timely manner. Craven filed a demand for arbitration, and Royal-Globe sued for a declaration that they had no obligation to submit to arbitration. o The Royal-Globe policy said that all hit-and-run claims must be reported within 24-hours. Craven was unconscious in intensive care during those 24-hours! o The insurance company did pay for most of her damages, they only refused to pay the uninsured motorist deductible. The Trial Court found for Craven and dismissed RoyalGlobe's request for summary judgment. Royal-Globe appealed. o Trial Court found that Craven should be excused from the 24-hour requirement because of her injuries. o Royal-Globe argued that, even if she was excused for the time she was in intensive care, the 24-hour clock should be reimposed once she was released from the hospital. The Appellate Court reversed the Trial Court and found that Royal-Globe was not liable to Craven. o The Appellate Court found that even if the 24-hour deadline is not met, the policy requires prompt notification. Craven was out of the hospital for more than three months before she bothered to call RoyalGlobe about the accident. o The Appellate Court found that the uninsured motorist provision was a condition, of the contract. Breaching a condition of a contract excuses the other party from
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