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Connelly v. McVeigh1/7/2005
laintiff to accept the Allstate settlement.
Finally, we derive these principles from the Court's opinion in Zirger: (1) that trial courts have discretion to deal with"specific motions for intervention" and to address and resolve case management issues involving UM/UIM carriers; (2) by inference, that trial judges must deal with the procedural issues raised by varying facts and circumstances involving UIM claims; and (3) that contractual rights to arbitrate UM/UIM claims must not result in duplicative dispute resolution proceedings or an unreasonable delay in paying intended UM/UIM benefits. Id. at 341-44. As the Court said in Green v. Selective Ins. Co. of Am., 144 N.J. 344, 353 (1996):
One of the themes that we have stressed in our approach to the handling of UIM issues is that, to the greatest extent possible, we should attempt to tie up in one package all of the loose ends that are attendant to automobile-accident claims. In [Parks v. Colonial Penn Ins. Co., 98 N.J. 42, 49 (1984)], we applauded the aim of a"one stop" proceeding whenever the interests of the parties were procedurally protected.
See also Craig & Pomeroy, New Jersey Auto Insurance Law, ยง 23:2 at 379 (2005).
Affirmed.
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