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UZCATEQUI-GAYMON v. N.J. MFRS. INS. CO.

193 N.J. Super. 71 (1984)

472 A.2d 163

MABEL UZCATEQUI-GAYMON AND JAMES UZCATEQUI-GAYMON, PLAINTIFFS-RESPONDENTS, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 3, 1984.

Attorney(s) appearing for the Case

Lanny S. Kurzweil argued the cause for appellant (McCarter & English, attorneys; John E. Flaherty of counsel; John E. Flaherty and Lanny S. Kurzweil on the brief).

Jean W. Billings argued the cause for respondents (Friedman, Carney & Wilson, attorneys; David A. Bolson on the brief).

Before Judges BOTTER and O'BRIEN.

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

Defendant issued an automobile insurance policy to Christopher Uzcatequi-Gaymon, who was shot and killed on August 15, 1981, while using a public telephone. Plaintiffs brought this action to recover personal injury protection (PIP) benefits under that policy, including survivor's benefits and funeral and medical expenses. Plaintiffs assert that decedent was killed in the course of a robbery when he refused...

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