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GREEN v. SELECTIVE INS. CO. OF AMERICA

144 N.J. 344 (1996)

676 A.2d 1074

ROBERT GREEN, PLAINTIFF-APPELLANT, v. SELECTIVE INSURANCE COMPANY OF AMERICA (SELECTED RISKS INSURANCE COMPANY), DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 12, 1996.

Attorney(s) appearing for the Case

Gary D. Wodlinger argued the cause for appellant (Lipman, Antonelli, Batt, Dunlap, Wodlinger and Gilson, attorneys; Donna M. Taylor, on the brief).

Edward J. Tucker argued the cause for respondents (Tucker, Latterman & Munyon, attorneys).

The opinion of the Court was delivered by O'HERN, J.

This appeal presents two issues: (1) whether the statute of limitations on a claim for underinsured motorist (UIM) benefits begins to run on the date of an accident or on the breach of the insurance contract; and (2) whether this claimant has forfeited a right to collect underinsurance benefits by failing to give prompt notice to the insurance company or otherwise having prejudiced the insurance company's subrogation...

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