Nature of the Case
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Facts
Craven (D) suffered injuries from a hit and run accident. An unidentified car forced her off the road, and she hit a wall barrier. D remained in intensive care for a number of days and was released 23 days after the accident. D gave Royal (P) notice of the accident over 120 days after the accident. P denied her claim and D filed a demand for arbitration. P filed a suit for a declaration that it had no obligation to submit to arbitration as it was not liable under the policy. A summary judgment was given D, and P appealed. The issue was that D was obligated to give 24-hour notice for a hit and run accident and that because D was in the intensive care unit that requirement was excused. D claims that the requirement should not be excused once the disability was removed.
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