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KONOPELSKI v. STATE FARM MUT. AUTO. INS. CO.

187 N.J. Super. 478 (1982)

455 A.2d 516

BONNIE J. KONOPELSKI AS EXECUTRIX OF THE ESTATE OF RICHARD M. KONOPELSKI, DECEASED, AND INDIVIDUALLY, PLAINTIFF-RESPONDENT, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 14, 1982.

Attorney(s) appearing for the Case

William R. Powers, Jr. argued the cause for appellant (Moss, Powell & Powers, attorneys; William R. Powers, Jr., on the brief).

Steven K. Kudatzky argued the cause for respondent (Tomar, Parks, Seliger, Simonoff & Adourian, attorneys; Steven K. Kudatzky and Arthur F. Herrmann on the brief).

Before Judges BOTTER, POLOW and BRODY.

The opinion of the court was delivered by BRODY, J.A.D.

Defendant issued two standard automobile policies to Joseph Backowski and his wife. They are identical except that one covers a pickup truck and the other a sedan. Plaintiff's decedent was a passenger in the truck when Joseph Backowski accidentally drove it into a tree, causing the decedent's death. Defendant has offered to settle the resultant wrongful death action against Backowski for $100,000, the coverage...

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