In Rivers v. Allstate Insurance Co., 312 N.J. Super. 379, 711 A.2d 974 (App.Div.1998), the insured reached a settlement with the tortfeasor before notifying the insurance carrier of her intent to accept the settlement. The Court held that plaintiff failed to advance any facts demonstrating a lack of prejudice to the insurer and therefore plaintiff was barred from claiming UIM benefits. Id. at 386, 711 A.2d 974. However, the Court also noted: We do not read the Supreme Court's opinion in Rutgers Casualty Insurance Company v. Vassas, 139 N.J. 163, 652 A.2d 162 (1995) to create a bright-line rule that the insured's failure to protect the insurer's right of subrogation amounts to prejudice per se, sufficient under all circumstances to deny the insured UIM benefits and excuse the insurer from its coverage obligation. Ibid.