05-2-7708 Jackson v. IFA Insurance Company, Inc., App. Div. (Coleman, J.A.D.) (13 pp.) IFA Insurance Company, Inc. denied plaintiff’s asserted underinsured motorist (UIM) claim on the ground that plaintiff was barred from recovery for having failed to sue the tortfeasor within the two years permitted by the applicable statute of limitations. This case deals with the issue of whether the subrogation rights of the insurer have been materially prejudiced when the insured has failed to bring a claim against the tortfeasor within the statute of limitations period. The burden is on plaintiff to show that his failure to bring a claim or to notify the insurer within the statute of limitations period did not prejudice the insurer. Here, plaintiff has to prove that its failure to bring any claim whatsoever did not prejudice the insurer. The order granting summary judgment in favor of defendant IFA and denying plaintiff’s cross-motion to compel arbitration of his UIM claim is affirmed.
