KORDELL v. ALLSTATE INS. CO.


230 N.J. Super. 505 (1989)

554 A.2d 1

PHYLLIS KORDELL, WIDOW OF RICHARD KORDELL, DECEASED, PLAINTIFF-APPELLANT, v. ALLSTATE INSURANCE COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 1, 1989.


Attorney(s) appearing for the Case

George J. Duffy argued the cause for appellant (Baker, Garber, Duffy & Pedersen, attorneys; George J. Duffy and Francis M. Womack, III on the brief).

Paul E. Kiel argued the cause for respondent (Harwood, Lloyd, Ryan, Coyle & McBride, attorneys; Gregory J. Irwin on the brief).

Before Judges GAULKIN, BILDER and R.S. COHEN.


The opinion of the court was delivered by R.S. COHEN, J.A.D.

Plaintiff brought this action for PIP benefits after her husband died of occlusive coronary arteriosclerosis with acute myocardial infarction while stopped at a red light in his pickup truck. It is undisputed that there was no causal relationship between the death and the decedent's presence in the vehicle. On cross-motions for summary judgment, the Law Division held that there was no "accident" as the statute...

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