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Injured woman's no fault claim is dismissed because she couldn't prove she gave timely written notice

Mary Schildgen didn't own a car when she was hurt while occupying a car driven by her friend, Erik Wild.  Wild's car was insured with Allstate.  On the day after the wreck, Schildgen reported her injury to Jennifer Disney, an adjuster for Allstate, and Allstate wrote her a letter providing a claim number and asking Schildgen to forward all medical bills  to her;  she suggested that Schildgen call with any questions. 

The injured woman maintained that she also filed forms with Allstate, however, Allstate denied receiving them and Schildgen could not produce a copy.  In a typical Kirsten F. Kelly opinion joined by two other staunch Republican, insurance-allied judges, the Court of Appeals ruled that since the Plaintiff could not produce evidence of a WRITTEN notice of her claim, she had "slept on her rights" and could not seek payment of her medical bills.  It did not matter that Allstate had actual notice of the claim and had assigned an adjuster and claim number, or that the insured testified that she had mailed an applicatin for benefits to Allstate.

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