In an unpublished Wisconsin case, a man was riding his bicycle and collided with a woman causing her injuries. The bicyclist did not notify his insurance company of the accident until 14 months later. The woman sued the man and his insurance company.
The court analyzed whether this time gap prejudiced the bicyclist's insurance company. The court determined that any amount of time longer than one year creates a rebuttable presumption of prejudice to the insurance company.
Since the bicyclist waited 14 months, the court granted summary judgment to his insurance company and the bicylist was forced to defend the suit on his own.
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