KILGANNON v. ALLSTATE INS. CO.


240 N.J. Super. 4 (1990)

572 A.2d 201

MARION KILGANNON AS ADMINISTRATRIX OF THE ESTATE OF KATHLEEN P. LUTZ, PLAINTIFF-RESPONDENT, v. ALLSTATE INSURANCE COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 20, 1990.


Attorney(s) appearing for the Case

John L. McDermott, Jr. argued the case for appellant (McDermott, McGee & Ruprecht attorneys; John L. McDermott, Jr. on the brief).

Luis R. Sanchez argued the case for the respondent (Sanchez, Sanchez & Santoliquido attorneys; Carolyn Ungvary on the brief).

Before Judges DREIER, SCALERA and WEFING.


The opinion of the court was delivered by WEFING, J.S.C. (t/a)

May the sister of a deceased who is killed in an automobile accident recover essential services benefits under the decedent's automobile insurance policy when the surviving sister resided in a separate household from that of the deceased? The trial judge who heard this matter on cross-motions for summary judgment concluded that she could and granted summary judgment to her. We have concluded that the surviving...

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