Green v. Selective Insurance Co. of America

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 rights.

I

On October 17, 1985, plaintiff, Robert Green, was injured in a three-car automobile accident. One car, driven by…