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SELECTED RISKS INS. CO. v. DIEROLF

138 N.J. Super. 287 (1975)

350 A.2d 526

SELECTED RISKS INSURANCE COMPANY, PLAINTIFF, v. HARRY DIEROLF, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided December 19, 1975.

Attorney(s) appearing for the Case

Mr. James J. Cook for plaintiff (Messrs. Kisselman, Deighan, Montano & Summers, attorneys).

Mr. Harry L. Shaw, attorney for defendant.

PEEL, J.S.C.

This is an action for declaratory and injunctive relief in which plaintiff Selected Risks Insurance Company seeks to prevent arbitration of an uninsured motorist claim by its insured, defendant Harry Dierolf. The question presented is whether the two-year tort or the six-year contract statute of limitations governs a demand for arbitration under an uninsured motorist endorsement.

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