A claim provision requiring insureds to seek underinsured benefits from their auto insurer within three years of an accident is unenforceable in New Hampshire because it restricts the insureds’ right to obtain the same benefits they would have received if underinsurance were not an issue.
The New Hampshire Supreme Court, noting that such a provision could require insureds to seek underinsurance benefits before they even know if the other party is underinsured, ruled on October 25 that such a requirement in a Geico General Insurance Co. contract violates the public policy behind the motor vehicle