ORTIZ v. SAFECO INSURANCE COMPANY


144 N.J. Super. 506 (1976)

366 A.2d 695

ETELVINA ORTIZ, AS GENERAL ADMINISTRATRIX OF THE ESTATE OF CARMELLO ORTIZ, AND INDIVIDUALLY IN HER OWN RIGHT, PLAINTIFF-APPELLANT, v. SAFECO INSURANCE COMPANY, A PENNSYLVANIA CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 14, 1976.


Attorney(s) appearing for the Case

Mr. Louis D. Fletcher argued the cause on behalf of appellant (Messrs. Falciani & Di Muzio, attorneys).

Mr. Robert Neustadter argued the cause on behalf of respondent (Messrs. Cooper, Perskie, Neustadter & Katzman, attorneys).

Before Judges LORA, CRANE and MICHELS.


PER CURIAM.

On cross-motions for summary judgment the trial judge held that plaintiff was entitled to recover survivor benefits under N.J.S.A. 39:6A-4 on account of the death of her husband who, while a pedestrian, was struck and killed by an automobile driven by an assured of defendant insurance company. The judge also held that plaintiff was not entitled to recover additional benefits under N.J.S.A. 39:6A-10. The opinion of the trial judge is reported...

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