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DeFELICE v. BEALL

274 N.J. Super. 592 (1994)

644 A.2d 1136

STEPHANIE DEFELICE, ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF CRAIG DEFELICE, PLAINTIFF-APPELLANT, v. LANA J. BEALL AND NEW JERSEY AUTOMOBILE FULL INSURANCE UNDERWRITERS ASSOCIATION (JUA), JOINTLY, SEVERALLY AND/OR IN THE ALTERNATIVE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 11, 1994.

Attorney(s) appearing for the Case

Michael A. Donio argued the cause for appellant (Michael A. Donio, P.C., attorneys; Mr. Donio on the brief).

Phyllis Coletta argued the cause for respondents (Magargee, Youngblood, Franklin & Corcoran, attorneys; Ms. Coletta on the brief).

Before Judges KING, HAVEY and ARNOLD M. STEIN.

The opinion of the court was delivered by ARNOLD M. STEIN, J.A.D.

We affirm the order of the motion judge denying plaintiff's motion for partial summary judgment as to liability limits.

We reject plaintiff's contention that each of decedent's dependents has an independent cause of action under the Wrongful Death Act, N.J.S.A. 2A:31-1 to -6, and thus should be entitled to coverage under the "per accident" provision of the automobile insurance policy...

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