Brown v. Selective Insurance Co

In Brown v. Selective Insurance Co., 311 N.J. Super. 210, 709 A.2d 812 (App.Div.1998), the plaintiff was injured when he was struck by an uninsured vehicle in June 1989. Plaintiff's personal vehicles were insured by Selective Insurance Company (Selective) while Atlantic Employers Insurance Company (Atlantic) insured the vehicle plaintiff was operating, which was owned by Edison Township. Plaintiff made a demand for uninsured motorist coverage against Atlantic, which was denied. Neither plaintiff nor Atlantic notified Selective at that time. Approximately four years after the accident, plaintiff notified Selective of the uninsured motorist claim. Selective denied coverage due to improper notice and prejudice to its subrogation rights. Id. at 211-12, 709 A.2d 812. Plaintiff instituted suit against both insurers. On cross-motions for summary judgment, the trial judge held that Atlantic must provide coverage. The judge also granted summary judgment in favor of Selective for lack of timely notice. Atlantic appealed, claiming that Selective should have to contribute any sum it may be required to pay to plaintiff. The Court held that because Atlantic was aware of the UIM claim from its inception and failed to place Selective on notice of the claim, Selective was barred from seeking contribution. The Court reasoned that if Atlantic had notified Selective of the claim, Selective would have had an opportunity to protect its subrogation rights against the uninsured motorist. Id. at 215, 709 A.2d 812.