John G. Voris v. Middlesex Mutual Assurance Company

Summary

The court affirmed summary judgment for the insurers, holding that the plaintiffs' failure to provide timely written notice of their underinsured motorist claim barred recovery under the unambiguous policy. The court rejected application of a prejudice-based excuse applicable to certain accident-notice provisions and concluded that the plaintiffs' affidavit did not establish a genuine issue of material fact concerning misleading conduct by the insurers. The court also held that the statutory minimum limitation period and tolling requirement did not unlawfully delegate legislative power to private insurers.