·  Case Background: Morgan Norma Barkey (Plaintiff) sued Aviva Insurance Company (Defendant) under her policy's unidentified driver coverage after a rear-end collision at a Starbucks drive-thru. The driver who hit her left without providing identifying information.

·  Defendant's Argument:

• The Plaintiff could have identified the driver through reasonable due diligence.
• The Plaintiff failed to report the collision to the police within 24 hours or notify the insurer properly, as required by the policy.

·  Legal Issues:

• Whether there is a genuine issue requiring a trial on whether the Plaintiff failed to perform due diligence in identifying the other driver.
• Whether the Plaintiff failed to meet statutory notice requirements under the Insurance Act.

·  Court's Analysis:

• The Plaintiff's evidence suggested she was in shock and potentially concussed, which could explain her failure to collect the other driver's information.
• Medical evidence, although procedurally flawed in submission, was considered relevant to the Plaintiff's condition post-collision.
• The court found that there is a genuine issue for trial regarding the Plaintiff’s ability to identify the other driver and the potential applicability of relief against forfeiture for non-compliance with statutory notice requirements.

·  Outcome:

• Aviva’s motion for summary judgment was dismissed. The case will proceed to trial to resolve the issues raised. No monetary award was specified in the decision.