Court dismisses PIP claim by Estate
Willie Ramsey was killed in a car accident. His wife promptly filed an Application for No Fault benefits and his death certificate, and her attorneys filed a lawsuit against the insurer, Affirmative Insurance, within the month. Unfortunately, the lawyers did not submit proofs that the insurer deemed adequate to support Ramsey's no fault PIP survivorship claim, so the insurer delayed payment of the funeral minimum and survivor's benefits for almost a year. When the latter were finally paid, the widow's attorneys sought attorney's fees and interest. The Court of Appeals upheld the lower court's decision that the widow's attorneys had not filed enough evidentiary information with the insurer to render its delay "unreasonable." On that basis, the claim was dismissed and Ramsey could collect no fees or costs.