O'Connell v. New Jersey Manufacturers Insurance

The opinion of the court was delivered by

MUIR, Jr., J.A.D.

We are called upon, for the second time, to resolve plaintiffs entitlement to arbitrate an insurance coverage claim arising out of a January 13, 1994, automobile accident. In New Jersey Mfrs. v. O’Connell, 300 N.J.Super. 1, 692 A.2d 51 (App.Div.1997) (O’Connell I), we ruled plaintiff was entitled to arbitrate his underinsured motorist (UIM) claim as an insured under NJM’s policy. Now, in this declaratory judgment action plaintiff filed more than two years after the accident date, we must resolve the issue of plaintiffs claim for…