Golden v. GMAC Insurance Company 401 N.J. Super. 198 (2008)
N/AOUTCOME: The judgment dismissing plaintiff's complaint was reversed and the matter was remanded for further proceedings.
Plaintiff was injured when another driver rear-ended her vehicle. She sued the driver and his employer. After their insurance carrier became insolvent, she was enjoined from pursuing a claim against ca ... rrier based upon its insureds' liability, and her case was dismissed without prejudice on the driver's motion. Plaintiff's carrier denied UM coverage, and she filed the instant action. As the alleged tortfeasor driver was insured at the time of the accident but became an uninsured motorist more than five years later when his automobile insurance carrier was deemed insolvent, the appellate court held that plaintiff's UM claim against her insurer accrued as of the date of the insurance carrier's insolvency, rather than at the date of the accident. Accordingly, the six-year statute of limitations, N.J.S.A. § 2A:14-1, began to run upon the insurance carrier's liquidation and plaintiff's UM claim was timely.
