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D'ALLESSANDRO v. P.F.L. LIFE INS. CO.

275 N.J. Super. 213 (1994)

645 A.2d 1233

CATHERINE J. D'ALLESSANDRO, PLAINTIFF-RESPONDENT, v. P.F.L. LIFE INSURANCE COMPANY, A/K/A AEGON INSURANCE COMPANY, AND/OR NATIONAL OLD LINE INSURANCE COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 22, 1994.

Attorney(s) appearing for the Case

Michael S. Miller, argued the cause for appellant (Tompkins, McGuire & Wachenfeld, attorneys; Mr. Miller, of counsel and on the briefs).

Gregory D. Winter, argued the cause for respondent (Felzenberg, Winter & Winkler, attorneys; Mr. Winter, of counsel and on the brief).

Before Judges KING, HAVEY and A.A. RODRIGUEZ.

The opinion of the court was delivered by A.A. RODRIGUEZ, J.S.C. (temporarily assigned).

Plaintiff is the named beneficiary of an accident insurance policy issued by P.F.L. Life Insurance Company (defendant) to her son Gregory. Gregory was killed instantly when struck by a car while he was preparing to attach a disabled car to his tow-truck on a public highway. Plaintiff filed a claim. Defendant paid the accidental death benefit ($7,000) but declined to pay the benefit...

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